REVISED    CHARTER. 


A-^^     A^C  T 


TO   KEDUCK   THE   CHARTEK    01'    Tli; 


CITY  OF  CHICAGO 


i      I 


SEVERAL  ACTS  AMENDATORY  THEREOF  INTO  ONE  ACT, 


KEVISE    THE   8A  M  E 


APPROVED    FEBRUARY    lP>tli,    1863. 


CHICAGO: 

V.  itouN'DS,   BOOK  .Avo   luc  pva\Ti:i;.    i,;  state  street. 


\ 


PA.RT    FIRST. 


CITY  CHARTEPi  AND  OTHER  ACTS 


OP   THE 


GENERAL    ASSEMBLY 


OF 


THE  STATE  OF  ILLINOIS. 


Digitized  by  the  Internet  Archive 

in  2010  with  funding  from 

CARLI:  Consortium  of  Academic  and  Research  Libraries  in  Illinois 


http://www.archive.org/details/revisedcharteracOOchic 


CHARTER  OF  THE  CITY  OF  CHICAGO. 


AN  ACT  to  reduce  the  Charter  of  the  City  of  Chicago,  and  the  several 
Acts  amendatory  thereof,  into  one  Act,  and  to  revise  the  same. 

CHAPTER  I.  City  and  Ward  BorNDARiES. 

II.  Officers  :  Their  Election  axb  Appointment. 

III.  Powers  and  Duties  of  Officers. 

IV.  The  Common  Council:    Its  General  Powers  and 
Duties. 

V.  The  Treasury  Department. 

VI.  The  Board  of  Public  Works, 

VII.  Public  Improvements  and  Special  Assessments. 

VIII.  Of  Taxation. 

IX.  Collection  of  Taxes  and  Assessments, 

X.  The  Police  Department, 

XI.  The  Police  Court. 

XII.  The  Fire  Department. 

XIII.  Schools  and  School  Fund. 

XIV.  The  Reform  School. 
XV.  Chicago  Water  Works. 

XVI,  Chicago  Sewerage  Works, 

XVII.  Miscellaneous  ani>  Suppi^ementary. 


Beit  enacted  hy  the  People  of  tJie  State  of  Illinois^  repre- 
sented in  the  (Jeneral  Assembly : 


CHAPTEE  I, 

CITY  AND  WARD  BOUNDARIES. 

Section  Section 

1.  Inhabitants  incorporated;    name    and      3.  Three    Divisions    established;    tbsir 

powers  of  the  Corporation.  boandarien. 

2.  Corporate  limits  established.  4,  Division  into  Wards. 

Section  1.  The  inhabitants  of  all  that  district  of  country  ^^Xb^*' 
in  the  county  of  Cook  and  State  of  Illinois  contained  within 


CITY    CHARTER. 


the  limits  and  boundaries  hereinafter  prescribed,  shall  be  a 
body  politic  under  the  name  and  style  of  the  City  of  Chicago ; 
and  by  that  name  sue  and  be  sued,  complain  and  defned,  in 
any  court;  make  and  use  a  common  seal  and  alter  it  at 
pleasure;  and  take  and  hold,  purchase,  lease  and  convey 
such  real  and  personal  or  mixed  estate  as  the  purposes  of  the 
corporation  may  require,  within  or  without  the  limits  afore- 


Corporate 
imits. 


Notth  divi- 
sion. 


South  divi- 
sion. 


West  divi- 
sion. 


Division  into 

(sixteen 

wards. 


said. 

Sec.  2.  The  corporate  limits  and  jurisdiction  of  the  city 
of  Chicago  shall  embrace  and  include  within  the  same  all  of 
township  thirty-nine  north,  range  fourteen  east  of  the  third 
principal  meridian,  and  all  of  sections  thirty-one,  thirty-two, 
thirty-three,  and  fractional  section  thirty-four  in  township 
forty  north,  range  fourteen  east  of  the  third  principal  meri- 
dian ;  together  with  so  much  of  the  waters  and  bed  of  lake 
Michigan  as  lies  within  one  mile  of  the  shore  thereof  and 
east  of  the  territory  aforesaid. 

Sec.  3.  All  that  portion  of  the  aforesaid  territory  lying 
north  of  the  centre  of  the  main  Chicago  river  and  east  of 
the  centre  of  the  north  branch  of  said  river,  shall  constitute 
the  North  Division  of  said  city ;  all  that  portion  of  the 
aforesaid  territory  lying  south  of  the  centre  of  the  main 
Chicao-o  river  and  south  and  east  of  the  centre  of  the  south 
branch  of  said  river  and  of  the  Illinois  and  Michigan  canal, 
shall  constitute  the  South  Division  of  said  city  ;  and  all  that 
portion  of  the  aforesaid  territory  lying  west  of  the  centre 
of  the  north  and  south  branches  of  said  river  and  of  the 
Illinois  and  Michigan  canal,  shall  constitute  the  West  Divi- 
sion of  said  city. 

Sec.  4.  The  city  of  Chicago  shall  be  divided  into  sixteen 
wards,  as  follows : 

First  Ward.  All  that  part  of  the  South  Division  of  said 
city  which  lies  south  of  the  centre  of  the  main  Chicago 
river  and  north  of  the  centre  of  Monroe  street,  shall  be  de- 
nominated the  first  ward. 

Second  Ward.     All  that  part  of  the  South  Division  of 


CITY   AND    WARD    BOUNDARIES. 


said  city  which  lies  south  of  the  centre  of  Monroe  street 
and  north  of  the  centre  of  Harrison  street,  shall  be  denom- 
inated the  second  ward. 

Third  Ward.  All  that  part  of  the  South  Division  of 
said  city  which  lies  south  of  the  centre  of  Harrison  street 
and  north  of  the  centre  of  Sixteenth  street,  shall  be  denom- 
inated the  third  ward. 

Fourth  Ward.  All  that  part  of  the  South  Division  of 
said  city  which  lies  south  of  the  centre  of  Sixteenth  street, 
and  east  of  the  centre  of  Clark  street  and  a  line  corres- 
ponding with  the  centre  of  the  last  named  street  projected 
southerly  to  the  city  limits,  shall  be  denominated  the  fourth 
ward. 

Fifth  Ward.  All  that  part  of  the  South  Division  of 
said  city  which  lies  south  of  the  centre  of  Sixteenth  street, 
and  west  of  the  centre  of  Clark  street  and  a  line  corres- 
ponding to  the  centre  of  the  last  named  street  projected 
southerly  to  the  city  limits,  shall  be  denominated  the  fifth 
ward. 

Sixth  Ward.  All  that  part  of  the  West  Division  of  said 
city  which  lies  south  of  the  centre  of  Van  Buren  street,  and 
east  of  the  centre  of  Jefferson  street  continued  to  the  south 
branch  of  the  Chicago  river,  shall  be  denominated  the  sixth 
ward. 

Seventh  Ward.  All  that  part  of  the  West  Division  of 
said  city  which  lies  south  of  the  centre  of  Van  Buren  street, 
west  of  the  centre  of  Jefferson  street  continued  to  the  south 
branch  of  the  Chicago  river,  and  east  of  the  centre  of  Mor- 
gan street  continued  to  the  south  branch  of  the  Chicago 
river,  shall  be  denominated  the  seventh  ward. 

Eighth  Ward.  All  that  part  of  the  West  Division  of 
said  city  which  lies  south  of  the  centre  of  Van  Buren  street, 
and  west  of  the  centre  of  Morgan  street  continued  to  the 
south  branch  of  the  Chicago  river,  shall  be  denominated  the 
eio'hth  ward. 

o 

Ninth  Ward.     iUl  that  part  of  the  West  Division  of  said 


CITY    CHARTER. 


city  which  lies  south  of  the  centre  of  Fourth  street,  west  of 
the  centre  of  Curtis  street  and  Aberdeen  street,  and  north 
of  the  centre  of  Van  Buren  street,  shall  be  denominated  the 
ninth  ward. 

Tenth  Ward.  All  that  part  of  the  West  Division  of  said 
city  which  lies  south  of  the  centre  of  Randolph  street,  east 
of  the  centre  of  Curtis  street  and  Aberdeen  street,  and  north 
of  the  centre  of  Van  Buren  street,  shall  be  denominated  the 
tenth  ward. 

Eleventh  Ward.  All  that  part  of  the  West  Division  of 
said  city  which  lies  south  of  the  centre  of  Fourth  street,  east 
of  the  centre  of  Curtis  street,  and  north  of  the  centre  of 
Randolph  street,  shall  be  denominated  the  eleventh  ward. 

Twelfth  Ward.  All  that  part  of  the  West  Division  of 
said  city  which  lies  north  of  the  centre  of  Fourth  street 
continued  to  the  north  branch  of  the  Chicago  river,  shall  be 
denominated  the  twelfth  ward. 

Thirteenth  Ward.  All  that  part  of  the  North  Division 
of  said  city  which  lies  north  of  the  centre  of  North  avenue, 
shall  be  denominated  the  thirteenth  ward. 

Fourteenth  Ward.  All  that  part  of  the  North  Division  of 
said  city  which  lies  south  of  the  centre  of  North  avenue 
and  north  of  the  centre  of  Division  street,  shall  be  denomi- 
nated the  fourteenth  ward. 

Fifteenth  Ward.  All  that  part  of  the  North  Division  of 
said  city  which  lies  south  of  the  centre  of  Division  street, 
and  north  of  the  centre  of  Huron  street  continued  to  lake 
Michigan  and  to  the  north  branch  of  the  Chicago  river,  shall 
be  denominated  the  fifteenth  ward. 

Sixteenth  Ward.  All  that  part  of  the  North  Division  of 
said  city  which  lies  south  of  the  centre  of  Huron  street 
continued  to  lake  Michigan  and  to  the  north  branch  of  the 
Chicago  river,  and  north  of  the  centre  of  the  main  Chicago 
river,  shall  be  denominated  the  sixteenth  ward. 


OFFICERS:    THEIR   ELECTION   AND   APPOINTMENT. 


CHAPTER  II. 

OFFICERS:  THEIR  ELECTION  AND  APPOINTMENT. 

Section  Section 

1.  OfBcers  composing  the  city  government.  14.  Inspectors  of  election,  how  appointed. 

2.  Division  of  wards  into  election  districts.  15.  Bridge-tenders,  bridewell  keeper,  and 

3.  Time  of  municipal  election;  publication  bellmen,  how  appointed. 

of  notice.  16.  OfBcers  appointable  by  the  mayor  with 

4.  Commencement  of  term  of  office.  the  advice  of  the  council ;    their  term 

5.  OflBcers  elected  by  the  people ;    their  of  office ;  appointments  to  fill  vacan- 

termofoflSce.  cies. 

6.  Election  of  aldermen  and  constables.  17.  Officers    removable    by  the    council ; 

7.  Wards  entitled  to  two  aldermen;    their  charges   to  be  preferred;    mode  of 

term  of  office;    divided  into  classes;  trial. 

vacancies,  how  created  and  filled.  18.  Vacancy  in  office  of  mayor;    other  va- 

8.  A  tie  to  be  determined  by  lot.  cancies. 

9.  Board  of  public  works  and  board  of  po-  19.  Official  bonds,  when  to  be  filed ;  no  city 

lice ;  election  of  commissioners ;  their  officer  to  be  taken  as  surety. 

term  of  office;    vacancies,  how  sup-  20.  Who  qualified  to  hold  office;   special 

plied ;   qualification  of  commissioners.  disability. 

10.  Removal  of  commissioners;    mode    of  21.  Elections,  how  conducted;   opening  and 

procedure.  closing  of  the  polls  ;  returns ;  clerk  to 

11.  Board  of  education,  how  constituted;  notify  persons  elected. 

election  of  inspectors  and  their  term      22.  Qualification  of  electors;  challenge;  oath 
of  office.  to  be  taken. 

12.  Guardians  of  reform  school ;  their  ap-      23.  Electors,  when  exempt  from  arrest ;   il- 

pointment  and  term  of  office.  legal  voting  punishable. 

13.  Assessors;   their  qualification  and  ap- 

pointment. 

Section  1.  The  municipal  government  of  the  city  shall  officers  of 

■•^         o  ./  city  govern- 

consist  of  a  common  council,  composed  of  the  mayor,  and  ™*^°^- 
two  aldermen  from  each  ward.     The  other  officers  of  the 
corporation  shall  be  as  follows  : 

A  clerk,  a  comptroller,  a  board  of  public  works,  a  city 
engineer,  a  board  of  police,  a  superintendent  of  police,  a 
school  agent,  a  board  of  education,  a  superintendent  of 
schools,  a  board  of  guardians  of  the  reform  school,  a  com- 
missioner of  the  reform  school,  a  counsel  to  the  corporation, 
a  city  attorney,  a  treasurer,  a  collector,  a  city  physician,  a 
board  of  assessors,  two  or  more  police  justices,  a  clerk  of  the 
police  court,  one  chief,  and  a  first  and  second  assistant  engi- 
neers of  the  fire  department,  one  or  more  harbor  masters, 
one  inspector  of  fish,  three  inspectors  of  elections  for  each 
ward  or  election  precinct,  and  as  many  bridge-tenders,  fire- 
men, constables,  policemen,  sealers  of  weights  and  measures, 
inspectors,  measurers,  weighers,  gangers,  keepers  and  assist- 


CITY    CHARTER. 


Election  dis- 
tricts. 


Elections  for 
state,  county 
and  town  of- 
ficers. 


ants  of  workhouses,  hospitals  and  bridewell  or  house  of  cor- 
rection, bellmen,  and  such  other  officers  and  agents  as  may 
be  provided  for  by  this  act  or  the  common  council  may,  from 
time  to  time,  direct. 

Sec.  2.  The  common  council  may  divide  the  wards  of  said 
city  into  so  many  and  such  convenient  election  districts  as 
to  the  said  common  council  shall  seem  proper.  Each  ward 
or  district  shall  constitute  an  election  precinct,  and  the  in- 
spectors of  election  and  the  places  for  holding  elections 
therein,  for  city,  town,  county  and  state  officers,  shall  be 
appointed  by  the  common  council.  All  elections  for  state, 
county  and  town  officers  in  said  wards  and  precincts  shall 
be  conducted,  and  returns  thereof  made  to  the  county  or 
town  clerk,  as  provided  by  the  law  regulating  state,  county 
and  town  elections.  And  whenever  at  any  election  it  shall 
appear  that  there  have  been  more  than  six  hundred  votes 
polled  in  any  election  precinct,  it  is  hereby  made  the  duty 
of  the  common  council,  at  least  two  months  before  the  re- 
currence of  another  election,  to  divide  such  precinct  into  two 
or  more  districts,  and  appoint  places  for  holding  elections 
therein. 

Sec.  3.  The  municipal  election  in  said  city  shall  be  held 
on  the  third  Tuesday  of  April  in  each  year,  at  which  time 
there  shall  be  elected  by  the  qualified  voters  of  said  city,  all 
officers  to  be  elected  at  the  general  municipal  election.  Six 
days'  previous  public  notice  of  said  election  shall  be  given 
by  the  city  clerk,  by  publication  in  one  or  more  newspapers 
published  in  said  city,  and  no  special  election  shall  be  here- 
after held  in  said  city,  for  the  election  of  city  officers,  except 
as  in  this  act  provided. 

Sec.  4.  The  municipal  officers  to  be  chosen  at  the  annual 
election,  shall  enter  upon  the  duties  of  their  respective 
offices  on  the  first  Monday  of  May  succeeding  their  election. 

Sec.  5.  The  mayor,  city  attorney,  treasurer,  collector, 
clerk  of  the  police  court,  and  chief  and  first  and  second  assist- 
ant engineers  of  the  fire  department  shall  be  elected  by  the 


Municipal 
election. 


Notice  of 
election. 


Commcnco- 
nient  of  mu- 
nicipal year. 


Officers  elect- 
ed by  the 
people. 


OFFICERS  :    THEIR    ELECTION   AND    APPOINTMENT.  9 

people,  and  shall  hold  their  respective  offices  for  the  term  of 
two  years,  and  until  their  successors  shall  be  elected  and 
qualified.  The  person  having  the  highest  number  of  votes 
cast  in  the  whole  city  for  either  of  such  offices,  shall  be  de- 
clared elected. 

Sec.  6.  At  the  annual  municipal  election,  the  electors  in  ^fby  iS' 
their  respective  wards  shall  vote  for  one  alderman  and  one 
constable,  and  the  persons  receiving  the  highest  number  of 
votes  cast  in  the  ward  for  such  offices  respectively,  shall  be 
declared  elected. 

Sec.  7.  The  several  wards  of  the  city  shall  be  respective-  Aidermeji 

•^  -■■  elected  for 

ly  represented  in  the  common  council  by  two  aldermen,  who  ^''^'^  ^''^^^''^■ 
shall  be  residents  thereof,  and  who  shall,  except  as  herein 
otherwise  provided,  hold  their  offices  respectively  for  two 
years  from  and  after  the  first  Monday  in  May  next  succeed- 
ing their  election.  They  shall  be  divided  into  two  classes,  Dmded  into 
each  class  consisting  of  one  alderman  from  each  ward.  The 
seats  of  the  first  class  shall  be  vacated  at  the  end  of  the  first 
year,  and  of  the  second  class  at  the  expiration  of  the  second 
year,  so  that  one  alderman  from  each  ward  may  be  annually 
elected.  In  all  cases  where  two  aldermen  are  to  be  chosen 
from  the  same  ward  at  any  annual  election,  the  alderman 
having  the  hio-hest  number  of  votes  shall  be  declared 
elected  for  two  years,  and  the  candidate  having  the  next 
highest  number  of  votes,  for  one  year ;  and  in  case  of  the 
two  successful  candidates  having  an  equal  number  of  votes, 
the  term  of  service  to  which  they  shall  be  respectively  enti- 
tled, shall  be  determined  by  the  casting  of  lots  in  the  pre- 
sence of  the  common  council,  and  the  result  shall  be  entered 
upon  their  proceedings.     If  any  alderman  remove  from  the  vacancies 

■••  -"^  ^  "^  how  created 

ward  represented  by  him,  or  shall  engage  or  continue  in  any  ^^'^  ^^^*^'^- 
service,  business  or  employment  causing  a  continuous  ab- 
sence from  the  city  for  more  than  four  months,  his  office 
shall  thereby  become  vacant ;  and  whenever  any  vacancy 
shall  occur  in  the  office  of  any  alderman,  the  common  coun- 
cil shall,  within  ten  days  after  the  happening  of  such  vacan- 


10  CITY    CHARTER. 


cy,  order  a  new  election,  provided  that  more  than  six  months 
of  the  term  shall  then  remain  unexpired. 

dded.^*'^'^'^"  Sec.  8.  Whenever  there  shall  fail  to  be  an  election  of  any 
officer  voted  for  by  the  people,  in  consequence  of  two  or 
more  candidates  receiving  the  highest  and  an  equal  number 
of  votes  for  the  same  office,  the  election  shall  be  determined 
by  the  casting  of  lots  in  the  presence  of  the  common  coun- 
cil, and  the  result  shall  be  entered  upon  their  proceedings. 

Board  of  pui>      gj;c.  9.  The  board  of  public  works  and  the  board  of  po- 

lic  works  and  ^  ^ 

lice^howco^  Hcc  shall  cach  consist  of  three  commissioners,  in  addition  to 

stituted.       ^jjg  mayor,  who  shall  be  chosen  by  the  people,  one  from  the 

North,  one  from  the  South,  and  one  from  the  West  Divisions 

of  said  city.     The  person  having  the  highest  number  of  votes 

in  the  whole  city  for  either  of  such  offices  shall  be  declared 

Term  of  of-     elcctcd.     Said  commissioners,  when  elected,  shall  hold  their 
fice.  _  '  '        ^ 

office,  the  commissioners  of  the  board  of  public  works  for 
the  term  of  six  years,  and  the  police  commissioners  for  the 
term  of  three  years,  and  until  the  election  and  qualification 
of  their  successors.  The  term  of  office  of  one  commissioner 
of  each  board  shall  expire  every  year  and  every  second  year 
respectively,  so  that  one  commissioner  shall  be  elected  to  the 
board  of  police  every  year  and  to  the  board  of  public  works 
every  second  year  from  the  division  of  the  city  in  which  the 
commissioner  resides  whose  term  of  office  expires.     Should 

how^fiued'  ^  vacancy  occur,  it  shall  be  filled  by  appointment  by  the 
mayor,  with  the  advice  and  consent  of  the  common  council 
of  said  city,  until  the  next  regular  city  election,  when  the 
qualified  voters  of  said  city  may,  as  in  other  cases,  fill  such 
vacancy  by  an  election  of  a  successor,  who  shall  hold  his 
office  for  the  unexpired  term ;  said  commissioners  shall  be 
elected  in  the  same  manner  as  is  provided  for  the  election  of 
general  city  officers,   by  general  ticket,   by  the   qualified 

?f"commiv°'  voters  of  the  whole  city ;  and  no  person  shall  be  elected  a 
commissioner  of  either  of  said  boards,  unless  he  has  been  a 
resident  of  said  city  at  least  three  years,  and  a  resident  free- 


OFFICERS  :    THEIR   ELECTION  AND   APPOINTMENT.  11 


holder  in  the  division  of  said  city  for  which  he  is  elected  at 
least  one  year  immediately  preceding  his  election. 

Sec.  10.  Any  commissioner  of  the  board  of  public  works  J^orS\on. 
or  of  the  board  of  police,  may  at  any  time  be  removed  from  ^"' 
office  for  any  misdemeanor,  malfeasance  or  delinquency  in 
office,  by  the  judge  of  the  circuit  court  of  Cook  county,  on 
charges  in  writing,  to  be  presented  against  him  by  the  mayor 
or  the  common  council.     On  the  hearing  before  said  judge,  f^^f  p"""" 
witnesses  may  be  produced  and  sworn,  both  in  support  of 
the  allegations  and  against  them.     Five  days'  notice  shall 
be  given  to  such  member,  by  service  of  a  copy  of  such 
charges.     The  judge  may  proceed  to  hear  such  allegations, 
either  in  term  time  or  in  vacation,  and  may  adjourn  such 
hearing  from  time  to  time.     No  member  of  either  of  said 
boards  shall  perform  any  duties  as  such  member,  while  such 
allegations  are  pending  against  him. 

Sec.  11.  The  board  of  education  shall  consist  of  fifteen  ^"t^^J^^.t"" 
school  inspectors,  to  be  elected  by  the  common  council,  on  constituted. 
or  before  the  first  Monday  of  June  next.     The  said  board 
shall  be  divided  into  three  classes,  of  five  members  each; 
those  of  the  first  class  shall  vacate  their  seats  at  the  expira- 
tion of  the  first  year ;  those  of  the  second  class  at  the  expi- 
ration of  the  second,  and  those  of  the  third  class  at  the 
expiration  of  the  third  year  ;    and  the  common  council  shall  Sonl^anlr' 
annually,  on  or  before  the  first  Monday  of  June,  elect  five  ^™°  ° 
inspectors  to  succeed  those  whose  term  of  office  expires. 
The  inspectors  so  elected  shall  hold  their  offices  for  three 
years  from  the  said  first  Monday  of  June. 

Sec.  12.  The  board  of  guardians  of  the  reform  school  CTimrdians  of 

o  refonn 

shall  consist  of  the  comptroller  and  six  guardians,  to  be  ap-  ^^^^*^'^^- 
pointed  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  common  council.  Said  board  shall  be  divided  into 
three  classes  of  two  members  each ;  those  of  the  first  class 
shall  vacate  their  seats  at  the  expiration  of  the  first  year ; 
those  of  the  second  class  at  the  expiration  of  the  second, 
and  those  of  the  third  class  at  the  expiration  of  the  third 


12  CITY    CHARTER. 


Their  ap-      year.     There  shall  be  appointed  annually,  on  or  before  the 

pointment        ''  ^  ^  '' 

office*''™  °^  ^^®*  Monday  of  June,  two  guardians  to  succeed  those  whose 
term  of  office  expires.  The  guardians  so  appointed  shall 
hold  their  offices  for  three  years  from  the  said  first  Monday 
of  June,  and  until  the  appointment  and  qualification  of  their 
successors. 

Assessors  gj;c_  13^   Tj^g  board  of  assessors  shall  consist  of  three  as- 

their  qualifl- 

appohitoent.  scssors,  wlio  sliall  be  freeholders  in  said  city,  one  from  each 
of  the  three  divisions  of  the  city,  who  shall  be  appointed  on 
the  second  Monday  of  May  in  each  year,  or  as  soon  there- 
after as  may  be,  and  continue  in  office  one  year.  The  com- 
mon council  may  increase  the  number  of  assessors  so  that 
said  board  shall  consist  of  two  members  from  each  division 
of  the  city,  if  they  think  proper. 

eiSn!'^^  °^  Sec.  14.  The  inspectors  of  election  shall  be  appointed  an- 
nually by  the  common  council,  at  least  ten  days  before  the 
annual  municipal  election. 

Sildtride-       ^^^'  1^-  ^^   bridge-tenders,  keepers    and    assistants  of 

weu  keeper,  ^ork-liouscs,  bridewcll  or  house  of  correction,  and  bellmen, 
shall  be  appointed  annually,  by  the  mayor,  and  shall  be  re- 
movable at  the  pleasure  of  the  mayor  or  common  council. 

:vis!^thek  Sec.  16.  All  other  officers  mentioned  in  this  act,  and  not 

pcdntm.nf'  othcrwisc  Specially  provided  for,  shall  be  appointed  by  the 
-^ce.  mayor,  by  and  with  the  advice  and  consent  of  the  common 

council,  biennially,  on  or  before  the  second  Monday  of  May, 
or  as  soon  thereafter  as  may  be,  and  shall  respectively  con- 
tinue in  office  two  years  from  the  said  second  Monday  of 
May,  and  until  the  appointment  and  qualification  of  their 

?Scie*8°^^^  successors.  Officers  elected  or  appointed  to  fill  vacancies, 
shall  respectively  hold  for  the  unexpired  term  only,  and  un- 
til the  election  or  appointment  and  qualification  of  their 
successors. 

SoS'^ffice  ^^^*  ^^^'  ^^'^^1  person   appointed  to  any  office   by  the 

common  council,  or  by  the  mayor  with  the  advice  and  con- 
sent of  the  common  council,  and  every  person  elected  to  any 
office  by  the  people,  for  whose  removal  from  office  no  other 


OFFICERS:    THEIR   ELECTIOX   AND   APPOINTMENT.  13 

provision  has  been  specially  provided  by  this  act,  may  be 
removed  from  such  office  by  a  vote  of  two-thirds  of  all  the 
aldermen  authorized  by  law  to  be  elected.     But  no  officer  pSfrld?^" 
shall  be  removed  except  for  cause,  nor  unless  furnished  with 
the  charges  and  heard  in  his  defense,  and  the  common  coun- 
cil shall  have  power  to  compel  the  attendance  of  witnesses 
and  the  production  of  papers  when  necessary  for  the  pur- 
poses of  such  trial,  and  shall  proceed,  within  ten  days,  to  '^^^^' 
hear  and  determine  upon  the  merits  of  the  case,  and  if  such 
officer  neglect  to  appear  and  answer  to  such  charges,  then 
the  common  council  may  declare  the  office  vacant ;  and  any  Suspension. 
officer  may  be  suspended  until  the  disposition  of  charges, 
when  preferred. 

Sec.  18.  When  any  vacancy  shall  happen  by  death,  re-  mlToImaj- 
signation,  removal  or  otherwise,  in  the  office  of  mayor,  such  ^^' 
vacancy  shall  be  filled  by  a  new  election,  and  the  common 
council  shall  order  a  new  election  within  ten  days  after  the 
happening  of  such  vacancy,  provided  more  than  six  months 
of  the  term  shall  then  remain  unexpired.      Any  vacancy  ^^^''^  ^^*^^^' 
occasioned  by  the  death,  removal,  resignation  or  refusal  to 
serve,  of  any  other  city  officer  elected  by  the  people,  or  ap- 
pointed by  the  mayor  with  the  advice  and  consent  of  the 
common  council,  may  be  filled  by  appointment  by  the  may- 
or, with  the  advice  and  consent  of  the  council,  except  in  cases 
where  a  different  provision  is  herein  specially  made  for  filling 
such  vacancy.     The  common  council,  with  the  like  excep- 
tion, may  fill  any  vacancy  occurring  in  any  office,  to  which, 
by  this  act,  they  have  the  power  of  election  or  appointment. 

Sec.  19.  All  city  officers  who  are  required,  by  the  provi-  SS.\vhen 
sions  of  this  act,  or  by  any  legal  ordinance  passed  by  the  ^"^  ^"^  ^^^'^' 
common  council,  to  give  bonds  for  the  faithful  performance 
of  their  official  duty,  shall  file  their  bonds  with  the  city 
clerk  within  fifteen  days  after  their  election  or  appointment, 
and  he  shall  record  the  same,  when  approved,  in  a  book  kept 
for  that  purpose.  When  bonds  are  not  filed  with  the  city 
clerk  within  fifteen  days  after  the  votes  shall  have  been  offi- 


14  CITY    CHARTER. 


cially  canvassed,  or  after  the  appointment  shall  have  been 
made,  the  person  so  in  default  shall  be  deemed  to  have  re- 
fused said  office,  and  the  same  shall  be  filled  by  appointment 
as  in  other  cases.     If,  in  any  case,  any  official  bond  so  filed, 
shall  not  be  approved,  the  officer  filing  the  same  shall  fur- 
nish a  new  and  satisfactory  bond  within  fifteen  days  after 
such  disapproval,  and  in  case  of  failure  so  to  do,  he  shall  be 
deemed  to  have  refused  said  office,  and  the  same  shall  be 
cS-tobe^tfk-  filled  as  above  provided.     No  alderman  or  other  city  officer 
en  as  surety,  ^j^^jj  ^^  taken  as  sui^cty  upon  any  bond,  note  or  other  obli- 
gation made  to  the  city.     No  city  officer,  required  to  give 
bond  as  aforesaid,  shall  enter  upon  the  discharge  of  the  du- 
ties of  his  office  until  such  bond  shall  have  been  filed  and 
approved  as  by  this  act  provided. 
Edibility  to      gEc.  20.  All  citizcus  of  the  United  States,  qualified  to 
vote  at  any  election  held  under  this  act,  shall  be  qualified  to 
hold  any  office  created  by  this  act,  except  in  cases  where  a 
difi'erent  provision  has  been  herein  especially  made,  but  no 
feuuer  to-    person  shall  be  eligible  to  any  office  or  place  under  this  or 
qualified.       ^^^  othcr  act  in  relation  to  said  city,  who  is  now  or  may 
hereafter  be  a  defaulter  to  said  city,  or  to  the  State  of  Illi- 
nois, or  any  county  thereof;    and  any  person  shall  be  con- 
sidered a  defaulter  who  has  refused  or  neglected,  or  may 
hereafter  refuse  or  neglect,  for  thirty  days  after  demand 
made,  to  account  for  and  pay  over,  to  the  party  authorized 
to  receive  the  same,  any  public  money  which  may  have  come 
into  his  possession.     And  if  any  person  holding  any  such 
office  or  place  shall  become  a  defaulter  whilst  in  office,  the 
office  or  place  shall  thereupon  become  vacant. 
hiw  conduct-       ^^^*  ^^-  ^^^  manner  of  conducting  and  voting  at  elec- 
^^-  tions  to  be  held  under  this  act,  and  contesting  the  same,  the 

keeping  of  the  poll  lists,  canvassing  of  the  votes  and  certi- 
fying the  returns,  shall  be  the  same,  as  nearly  as  may  be,  as 
is  now  or  may  hereafter  be  provided  by  law  at  general  state 
elections :  Provided^  the  council  shall  have  power  to  regu- 
late elections.     The  voting   shall   be   by  ballot,  and   the 


officers:  their  election  and  appointment.  15 

inspectors  of  elections  shall  take  the  same  oath  and  shall 
have  the  same  power  and  authority  as  inspectors  of  general 
elections.     The  polls  shall  be  opened  by  the  inspectors  at  fo^"e'openSi 
eight  o'clock  in  the  morning,  and  kept  open  until  seven  ^^^  '^^°^^*^' 
o'clock  in  the  evening,  and  every  violation  of  this  provision 
shall  subject  the  inspectors  so  offending  to  a  penalty  of  one 
hundred  dollars.     After  the  closing  of  the  polls,  the  ballots 
shall  be  counted  in  the  manner  required  by  law,  and  the 
returns  shall  be  returned  sealed  to  the  city  clerk  within  three  Returns, 
days  after  the  election,  and  thereupon  the  common  council 
shall  meet  and  canvass  the  same,  and  declare  the  result  of 
the  election.     It  shall  be  the  duty  of  the  clerk  to  notify  all  fgrseiec'ted^" 
persons  elected  or  appointed  to  office,  of  their  election  or 
appointment,  and  unless  such  persons  shall  respectively  qual- 
ify within  fifteen  days  thereafter,  the  offices  shall  become 
vacant. 

Sec.  22.  No  person  shall  be  entitled  to  vote  at  any  elec-  S^^Sf^*'^ 
tion  under  this  act,  who  is  not  entitled  to  vote  at  state 
elections,  and  has  not  been  a  resident  of  said  city  at  least 
six  months  next  preceding  the  election ;  he  shall  moreover 
have  been  an  actual  resident  of  the  ward  or  election  precinct 
in  which  he  votes,  for  thirty  days  previous  to  the  election, 
and  if  required  by  any  person  qualified  to  vote  thereat,  shall 
take  the  following  oath  befare  he  is  permitted  to  vote  :  Pro- 
vided, that  the  voter  shall  be  deemed  a  resident  of  the  ward 
in  which  he  is  accustomed  to  lodge : 

"I  swear,  (or  affirm,)  that  I  am  of  the  age  of  twenty-one  years,  that  Oath. 
I  am  a  citizen  of  the  United  States,  (or  was  a  resident  of  this  state  at 
the  time  of  the  adoption  of  the  Constitution,)  and  have  been  a  resident 
of  this  state  one  year,  and  a  resident  of  this  city  six  months  immedi- 
ately preceding  this  election,  and  am  now,  and  have  been  for  thirty 
days  last  past,  a  resident  of  this  ward,  (or  election  precinct,)  and  hare 
not  voted  at  this  election," 

And  if  required  by  any  legal  voter,  such  voter  shall  also  q^^J^J  "{J"^ 
swear  or  affirm  to  his  place  of  residence^  specifying  the  par-  Jiacf  of^Ssi- 
ticular  place  and  house  in  which  he  resides,  and  stating  how  '^'^^^^' 
long  he  has  there  resided,  and  his  business  or  employment, 


16 


CITY    CHARTER. 


and  if  he  has  not  resided  in  such  house  for  thirty  days  im- 
mediately preceding  such  election,  he  shall  state  where  and 
in  what  house  he  has  resided  for  the  last  thirty  days.  No 
further  evidence  of  the  right  to  vote  shall  be  required  in  any 
case,  at  any  municipal  or  other  election. 

Sec.  23.  The  persons  entitled  to  vote  at  any  election  held 
under  this  act,  shall  not  be  arrested  on  civil  process  within  said 
city  upon  the  day  on  which  said  election  is  held,  and  all 
persons  illegally  voting  at  any  election  under  this  act,  shall 
be  punishable  according  to  the  laws  of  this  state. 


Exemption 
from   arrest 
on  election 
day. 


Illegal  vot- 
ing. 


CHAPTER    III. 


POWERS  AND  DUTIES  OF  OFFICERS, 


Section. 

1.  Oificers  to    be  sworn  before  entering 

upon  their  duties. 

2.  Duties  of  mayor ;  his  salary ;  shall  be 

a  member  ex-ofRcio  of  the  boards  of 
police  and  public  works ;  may  admin- 
ister oaths. 

3.  Veto  power  of  maj-or. 

4.  Acting  mayor,  when  and  how  appointed. 

5.  Members  of  the  council,  ex-officio  fire 

wardens  and  conservators  of  the  peace ; 
exempted  from  j  ury  duty. 
G.  Clerk  to  keep  seal  and  records;  certi- 
fied copies  made   evidence ;  may  ad- 
minister oaths. 

7.  Duties  of  counsel    to  the  corporation 

and  city  attorney. 

8.  Duties  of  assessors. 

9.  Duties  of  harbor  master. 

10.  Duties  of  fish  inspector. 

11.  Coustables    to  give    bond;  their  liabili- 

ties ;  powers. 


Oath  of  office 


Mayor's  du- 
ties. 


Section. 

12.  Duties  of  city  physician. 

1.3.  Other  duties  of  officers  may  be  pre- 
scribed by  council ;  their  compensa- 
tion and  Ijonds. 

14.  Certain    officers  to  give  bond;    condi- 

tions thereof. 

15.  Corporation  newspaper;  publication  of 

ordinances  and  other  proceedings. 

16.  Refusal     to     deliver     oflScial    papers; 

penalty. 

17.  Officers   to  be  commissioned  by  war- 

rant. 

18.  Salaries  to  be  established  by  coimcil. 

19.  Fees  received  by  salaried  ofiBcers  to  be 

liaid  into  the  treasury. 

20.  Payment  of  salaries. 

21.  Recorder's  salary. 

22.  Guardians  cif  reform  school  ami  mem- 

bers of  board  of  education  to  serve 
Avithout  compensatiim ;  not  to  be  in- 
terested in  contracts. 


Sectiox  1.  Every  person  chosen  or  appointed  to  an  ex- 
ecutive, judicial,  or  administrative  office  under  this  act,  shall, 
before  he  enters  on  the  duties  of  his  office,  take  and  sub- 
scribe the  oath  of  office  prescribed  in  the  constitution  of  this 
state,  and  file  the  same,  duly  certified  by  the  officer  before 
whom  it  was  taken,  with  the  city  clerk. 

Sec.  2.  The  mayor  shall  preside  over  the  meetings  of  the 
common  council  and  take  care  that  the  laws  of  the  state  and 


POWERS  AND  DUTIES   OF  OFFICERS.  .  17 

the  ordinances  of  the  city,  are  duly  enforced,  respected  and 
observed,  and  that  all    other  executive  officers  of  the  city 
discharge  their  respective  duties.     He  shall,  from  time  to 
time,  give  the  common  council  such  information,  and  recom- 
mend such  measures,  as  he  may  deem  advantageous  to  the 
city.     He  shall  have  a  salary  of  thirty-five  hundred  dollars  salary, 
per  annum  in  full  compensation  of  all  official  services  de- 
volved upon  him  by  this  or  any  subsequent  act.     He  shall 
be  a  member  ex-officio  of  the  board  of  police  and  of  the  board  mem^eTof 
of  public  works,  and  shall  be  clothed  with  all  the  power  and  iJcrancrpK 
authority  and  be  subject  to  all  the  general  duties  and  re-  ^'^^°''^^- 
sponsibilities  of  a  commissioner  of  each  of  said  boards :  Pro- 
vided, however,  that  he  shall  not  act  as  a  commissioner  of  the 
board  of  public  works  in  making  any  special  assessment  for 
any  public  work  or  improvement,  nor  shall  he  be  required 
to  give  a  bond  to  the  city  as  a  member  of  either  of  said 
boards.     The  mayor  shall  likewise  have  power,  ex-officio,  to  J^JJ.  ^^^^' 
administer  any  oath  authorized  to  be  taken  by  the  laws  of 
this  state. 

Sec.  3.  Every  act,  ordinance  or  resolution,  passed  by  the  Mayor's  veto 
common  council,  before  it  shall  take  effect  and  within  five 
days  after  its  passage,  shall  be  presented,  duly  certified  by 
the  city  clerk,  to  the  mayor  for  his  approbation.  If  he  ap- 
prove, he  shall  sign  it,  if  not  he  shall  return  it  with  his 
objections  in  writing  to  the  city  clerk,  and  the  clerk  shall 
submit  said  objections  to  the  common  council  at  their  next 
regular  meeting,  who  shall  enter  said  objections  upon  their 
record,  and  proceed  to  reconsider  the  matter,  and  if,  after 
such  reconsideration,  two-thirds  of  all  the  members  elected 
shall  agree  to  pass  the  same,  it  shall  take  effect  as  an  act  or 
law  of  the  corporation.  If  the  mayor  shall  not  return  any 
act,  ordinance  or  resolution  so  presented  to  him,  within  five 
days,  it  shall  take  effect  in  the  same  manner  as  if  he  had 
signed  it. 

Sec.  4.  In  case  of  a  vacancy  in  the  office  of  mayor,  or  of  vacancy  in 

•^  t/       7  ofince  of  may- 

his  being  unable  to  perform  the  duties  of  his  office,  by  reason  °'^' 
2 


18  CITY   CHARTER. 


of  absence  or  sickness,  the  common  council  shall  appoint 
by  ballot  one  of  their  number  to  preside  over  their  meet- 
ings, whose  official  designation  shall  be  acting  mayor.     And 
Acting  may-  ^j^^  alderman  so  appointed  shall  be  vested  with  all  the  powers 
and  perform  all  the  duties  of  mayor  until  the  mayor  shall 
resume  his  office,  or  the  vacancy  be  filled  by  a  new  election. 
cJuudrto  be      ^^^*  ^'  ^^^^  members  of  the  common  council  shall  be  fire 
fire  wardens,  ^^rdcus  and  couscrvators  of  the  peace,  and  shall  be  exempted 
Exemption,    fj^om  jury  duty  during  their  term  of  office. 
hi?dutS'         Sec.  6.  The  clerk  shall  keep  the  corporate  seal,  and  make 
a  record  of  the  proceedings  of  the  common  council,  at  whose 
meetings  it  shall  be  his  duty  to  attend ;    and  copies  of  all 
papers  duly  filed  in  his  office,  and  transcripts  from  the  rec- 
ords of  the  proceedings  of  the  common  council  certified  by 
him  under  the  corporate  seal,  shall  be  evidence  in  all  courts, 
in  like  manner  as  if  the  originals  were  produced.     He  shall 
also  have  power  to  administer  any  oath  authorized  to  be 
taken  by  the  laws  of  this  state. 
the^oTOora.       Sec.  7.  The  counscl  to  the  corporation  shall  be  the  chief 
attorney, '^'^^  officcr  of  the  law  department  of  the  city.     He  shall,  with 
their  duties,   ^j^^  assistauco  of  the  city  attorney,  and  subject  to  the  direc- 
tions of  the  comptroller,  conduct  all  the  law  business  of  the 
corporation  and  of  the  departments  thereof,  and  all  other 
law  business  in  which  the  city  shall  be  interested,  when  so 
ordered  by  the  corporation.     Said  officers  shall  hold  their 
office  in  such  place  as  the  city  may  provide,  and,  when  re- 
quired, shall  furnish  written  opinions  upon  subjects  submit- 
ted to  them  by  the  mayor  or  common  council,  or  any  other 
department  of  the  municipal  government.     The  city  attor- 
kee°*^a^dock-  ^^J  shall  keep  a  docket  of  all  the  cases  to  which  the  city 
^*-  may  be  a  party  in  any  court  of  record,  in  which  shall  be 

briefly  entered  all  steps  taken  in  each  cause,  and  which  shall, 
at  all  times,  be  open  to  the  inspection  of  the  mayor,  comp- 
troller, or  any  committee  of  the  common  council.  It  shall 
also  be  the  duty  of  said  officers  to  draft  all  ordinances,  bonds, 
contracts,  leases,  conveyances,  and  such  other  instruments 


POWEHS  AND   DUTIES   OP  OFFICERS.  19 

of  writing  as  may  be  required  by  the  business  of  the  city ; 
to  examine  and  inspect  tax  and  assessment  rolls,  and  all  pro- 
ceedings in  reference  to  the  levying  and  collection  of  taxes 
and  assessments ;  and  to  perform  such  other  duties  as  may 
be  prescribed  by  the  charter  and  ordinances  of  the  city. 

Sec.  8.  The  board  of  assessors  shall  perform  all  the  du-  Assessors, 

their  powers 

ties  in  relation  to  the  assessing  of  property,  for  the  purpose  an^  duties. 
of  levying  the  taxes  imposed  by  the  common  council.     In 
the  performance  of  their  duties  they  shall  have  the  sam_e 
powers  as  are  or  may  be  given  by  law  to  county  or  town  as- 
sessors, and  be  subject  to  the  same  liabilities. 

Sec.  9.  It  shall  be  the  duty  of  the  harbor  master  to  en-  ^^^"^^^^^  J^Jf 
force  all  ordinances,  and  provisions  of  this  act,  in  relation  *^^^" 
to  the  harbor. 

Sec.  10.  It  shall  be  the  duty  of  the  fish  inspector  to  in-  ^^1^1,^." 
spect  all  pickled  or  salted  fresh-water  fish  sold  or  received  *^^^' 
for  sale,  or  on  consignment,  in  the  city  of  Chicago.     Any 
person  or  persons  bringing  or  causing  to  be  brought  to  the 
city  of  Chicago,  for  the  purpose  of  sale,  any  fresh-water 
fish,  shall  have  the  same  duly  inspected  by  the  said  inspec- 
tor before  such  fish  shall  be  sold  or  in  any  way  disposed  of; 
and  it  shall  be  the  duty  of  every  person  having  such  fish  in 
his  possession,  for  the  purpose  of  selling  or  of  dealing  in  the 
same,  and  of  every  consignee  having  fish  on  consignment, 
before  the  said  fish  shall  be  sold  or  in  anywise  disposed  of, 
to  give  notice  to  the  inspector,  and  have  such  fish  duly  in- 
spected and  branded ;    and  for  this  purpose,  such  person 
shall  arrange  the  packages  in  a  convenient  manner,  and  have 
them  in  some  suitable  place.     It  shall  be  the  duty  of  the 
inspector,  on  due  application  of  any  person  or  persons  hav- 
ing such  fish  in  possession,  to  repair  to  the  place  of  deposit 
of  such  fish,  if  the  same  shall  be  within  the  limits  of  the  city 
of  Chicago,  and  inspect  the  same  with  as  little  delay  as  pos- 
sible.    The  said  inspector  shall  procure  sealed  weights,  and 
carefully  weigh  all  fish  offered  for  inspection ;  and  to  entitle 
said  inspector  to  grant  a  certificate  of  due  inspection,  or  to 


20  CITY    CHARTER. 


brand  the  packages  as  duly  inspected,  he  shall  first  find  that 

the  contents  and  weights  of  the  several  packages  are  as  fol- 

weight  of     iQ^g  yi2 :    Each  barrel  shall  contain  200  lbs. ;    each  half 

packages.  "  ' 

barrel  shall  contain  100  lbs. ;  each  quarter  barrel  shall  con- 
tain 50  lbs. ;    and  each  eighth  barrel  shall  contain  25  lbs. 

Brand,  Such  iuspector  shall,  also,  on  branding  any  package  of  fish, 
plainly  and  distinctly  mark  on  the  head  of  each  package,  in 
some  indelible  manner,  the  kind,  quantity  and  quality  of  fish 
contained  in  each  package,  respectively,  together  with  his 
name  and  the  year  and  month  in  which  the  same  shall  have 

Fees,  been  inspected.     The  inspector  shall  be  entitled  to  the  fol- 

lowing fees  for  the  performance  of  his  duties,  viz :  For 
unheading,  heading,  weighing,  repacking,  brining,  and  in- 
specting and  branding  each  barrel,  20  cents ;  each  half 
barrel,  10  cents ;  each  quarter  barrel,  5  cents ;  each  extra 
hoop,  5  cents ;  each  extra  head,  20  cents.  The  inspector 
shall  not  put  his  brand  upon  any  package  of  fish,  as  duly 
inspected,  unless  the  same  be  well  hooped  and  headed,  and 
in  all  respects  sufficient  to  retain  brine,  and  also  be  in  good 

Record,  shipping  Condition.  He  shall  keep  a  record  of  the  number 
of  packages  and  sizes,  and  of  the  kinds  and  qualities  of 
fish,  and  for  whom  inspected,  each  year ;  and  shall  make  a 
report  of  the  same  to  the  common  council,  on  the  first  day 

Office,  of  January  in  each  year.     He  shall  keep  an  office  at  a  con- 

venient place,  on  or  near  the  Chicago  river,  which  shall  be 
kept  open  during  business  hours,  and  in  which  the  inspec- 
tor shall  at  all  times  have  some  person,  during  his  absence. 

Inspector      ^0  reccivc  ordcrs.     No  person  holding  the  office  of  fish  in- 
prohibited  •■■  ^ 
[rom^deaiing  gpgctor  for  Said  city  of  Chicago,  nor  shall  his  employees  or 

assistants,  or  either  of  them,  buy  or  sell,  or  deal  in,  or  in 

anywise   be  interested,  in   any  fish   sold    or   received   for 

Bond.  sale  in  the  city  of  Chicago.     He  shall,  before  entering  on 

the  discharge  of  the  duties  of  his  said  office,  give  bond, 

with  two  good  and  sufficient  sureties,  in  the  penal  sum  of 

five  thousand   dollars,  and  running   to  the   people   of  the 

State  of  Illinois,  and  conditioned  that  he  will  well   and 


POWERS   AND   DUTIES   OP   OFFICERS.  21 


ants. 


Bond  of  as- 
sistants. 


faithfully  perform  the  duties  of  said  office  and  satisfy  all 
damages  that  may  legally  be  demanded  of  him  by  virtue  of 
the  provisions  hereof.  Any  fish  inspector  violating,  refus-  ^^^^^t^^^- 
ing  or  failing  to  comply  with  any  of  the  provisions  of  this 
section,  so  far  as  they  are  made  incumbent  upon  him,  shall, 
for  every  offence,  be  liable  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars ;  which  said  fine 
may  be  collected  in  the  name  and  for  the  use  of  the  city  of 
Chicago ;  and  shall  also  be  subject  to  immediate  removal  from 
office.  Said  inspector  shall  have  the  right  to  appoint  and  poj^t'as^is';?" 
remove  at  pleasure,  one  or  more  assistants,  who  shall  have 
the  same  right  to  brand  all  packages  inspected  by  either  of 
them  in  the  name  of  said  inspector ;  but  each  assistant  shall 
have  some  distinctive  mark,  with  which  he  shall  designate 
each  package  inspected  by  himself,  so  as  to  indicate  by  whom 
the  inspection  was  actually  made ;  and  the  said  inspector 
shall  have  the  right  to  take  bond,  with  sufficient  penalty  and 
security,  running  to  himself,  from  each  of  the  assistants 
appointed  by  himself,  and  of  the  same  tenor,  as  the  bond 
herein  required  to  be  executed  by  said  inspector ;  and  the 
said  inspector  shall  be  liable  for  the  acts  of  his  said  assist- 
ants, and  may  sue  on  the  bonds  of  any  of  them,  to  recover 
any  damages  that  he  may  have  suffered,  by  reason  of  their 
misfeasance  or  malfeasance.  The  said  inspector  shall  have 
the  right  to  sue,  in  any  court  having  jurisdiction  of  the 
action,  for  his  fees  for  services  performed,  either  by  himself 
or  his  assistants  by  virtue  hereof. 

Sec.  11.  Every  person  appointed  or  elected  to  the  office  constables  to 

J    XT  I  i.  give  bond. 

of  constable,  shall,  before  he  enters  upon  the  duties  of  his 
office,  with  two  or  more  sureties  to  be  approved  by  the  com- 
mon council,  execute,  in  presence  of  the  clerk  of  the  city, 
an  instrument  in  writing  by  which  such  constable  and  secu- 
rities, shall  jointly  and  severally  agree  to  pay  to  each  and 
every  person  who  may  be  entitled  thereto,  all  such  sums  of 
money  as  the  said  constable  may  be  liable  to  pay  by  reason 
or  on  account  of  any  summons,  execution,  distress  warrant, 


22  CITY    CHARTER. 


or  other  process  which  shall  be  delivered  to  him  for  collec- 
tion. The  clerk  shall  certify  the  approval  of  the  common 
council  on  such  instrument  and  file  the  same ;  and  a  copy 
certified  by  the  clerk,  under  the  corporate  seal,  shall  be 
presumptive  evidence,  in  all  courts,  of  the  execution  there- 

thereon  how  ^^  ^J  ^^^^  constablc  and  his  sureties  ;  and  all  actions  thereon 

brought.  q\iq}\  be  prosecuted  within  two  years  after  the  expiration  of 
the  year  for  which  the  constable  named  therein  shall  have 
been  appointed  or  elected,  and  may  be  brought  in  the  name 
of  the  person  or  persons  entitled  to  the  money  collected  by 

Powers  of.  virtue  of  such  instruments.  No  constable  appointed  or 
elected  under  this  act,  shall  have  power  to  serve  any  civil 
process  out  of  the  city  limits,  except  in  cases  of  persons 
fleeing  therefrom,  and  to  commit  on  execution,  where  the 
defendant  shall  have  been  arrested  within  the  city. 

Sn/hirdu-  S^^-  ^2-  T^®  ci*J  physician  shall  attend  and  administer 
to  all  sick  persons  confined  in  any  police  station-house,  bride- 
well, work-house,  house  of  refuge  or  other  city  prison,  and 
shall  attend  to  such  other  duties  as  may  be  prescribed  by 
the  board  of  health  or  common  council. 


ties 


Council  may      Sec.  13.  Thc  common  council  shall   have  power,  from 

impose  other  ^  /»      i        n* 

duties.  time  to  time,  to  require  further  and  other  duties  of  all  ofB- 
cers  whose  duties  are  herein  prescribed,  and  prescribe  the 
powers  and  duties  of  all  ofiicers  appointed  or  elected  to  any 
office  under  this  act,  whose  duties  are  not  herein  specifically 

May  reqmre  mentioned,  and  fix  their  compensation.  They  may  also  re- 
quire bonds  to  be  given  to  the  city  of  Chicago  by  all  officers, 
for  the  faithful  performance  of  their  duties. 

Certain  offi-        Sec.  14.  The  Comptroller,  treasurer,  collector,  and  school 

cers  to  give  ^ 

bonds.  agent,  shall  severally,  before  they  enter  on  the  duties  of  their 

respective  offices,  execute  a  bond  to  the  city  of  Chicago,  in 
such  sum,   and  with  such  sureties,  as  the  common  council 

How  condi-  giiall  approve ;  conditioned  that  they  shall  faithfully  execute 
the  duties  of  their  offices,  and  account  for  and  pay  over  all 
moneys  and  other  property  received  by  them ;  which  bonds, 


POAYERS   AND   DUTIES   OF   OFFICERS.  23 

t 

with  the  approval  of  the  common  council,  certified  thereon 
by  the  clerk,  shall  be  filed  with  the  clerk. 

Sec.  15.  The  common  council,  at  their  annual  meeting  on  SwsSer? 
the  first  Monday  in  May,  in  each  year,  or  within  not  to  ex-  J'eT  *^®^'°'^*" 
ceed  thirty  days  thereafter,  shall  designate  one  public  news- 
paper printed  in  said  city,  in  which  shall  be  published  all 
ordinances,  and  other  proceedings  and  matters  required  in 
any  case  by  this  act,  or  by  the  by-laws  and  ordinances  of 
the  common  council,  to  be  published  in  the  corporation  news- 
paper. And  if  the  proprietors  of  the  newspaper  so  desig- 
nated, shall  at  any  time  during  the  year  suspend  the  publi- 
cation thereof,  or  decline  longer  to  publish  said  proceedings, 
another  newspaper  shall  be  designated  in  its  stead.  The 
common  council  may  also,  in  its  discretion,  provide  for  the 
publication  of  said  ordinances  and  other  proceedings,  or 
such  portion  of  the  same  as  it  may  think  proper,  in  some 
newspaper  printed  in  the  German  language. 

Sec.  16.  If  any  person,  having  been  an  officer  in  said  ^^^fg/o^ 
city,  shall  not,  within  ten  days  after  notification  and  request,  ^^^^  papers. 
deliver  to  his  successor  in  office  all  property,   papers,  and 
efi'ects  of  every  description  in  his  possession   belonging  to 
said  city,  or  appertaining  to  the  office  he  held,  he  shall  for- 
feit and  pay  for  the  use  of  the  city,   one  hundred  dollars.  Penalty, 
besides  all  damages  caused  by  his  neglect  or  refusal  so  to 
deliver.     And  such  successor  shall,  and  may  recover  posses-  Successor 

'  */  IT  may  recover 

sion  of  the  books,  papers  and  property  appertaining  to  his  fhereo'?^ 
office,  in  the  manner  prescribed  by  the  laws  of  this  state. 

Sec.  17.  All  persons  elected  or  appointed  to  any  office  JSStoS^ 
under  this  act  may  be  commissioned  by  warrant  under  the  ^^' 
corporate  seal,  signed  by  the  mayor  or  presiding  officer  of 
the  common  council,  and  clerk. 

Sec.  18.  The  common  council  may  by  ordinance,  estab-  JSLh^d'^ 
lish  salaries,  as  a  fixed  compensation  for  all  officers  of  said  ^^  council. 
city  whose  salaries  are  not  named  herein,  and  may  provide 
for  their  removal  from  office,  in  case  they  receive  or  retain 


24  CITY    CHARTER. 


other  or  greater  fees  than  so  paid  or  fixed  by  the  corpora- 
tion for  theii'  services. 
brsa^arSr^      Sec.  19.  All  fccs,  pcrquisitcs  and  emoluments  of  office 
pSdTnt?  ^^  whatever,  by  way    of  compensation  for  the  performance  of 
reasury.      ^^^  official  duty  or  dutics,  are  hereby  expressly  prohibited 
to  be  retained  by  any  officer  whose  compensation  is  provi- 
ded to  be  paid  by  a  salary,  to  be  fixed  by  the  common  coun- 
cil under  this  act ;  and  all  fees,  perquisites  and  emoluments 
whatever,  received  or  paid,  or  payable,  to  any  officer,  justice 
of  the  peace,  mayor,  clerk,   attorney,   collector,  treasurer, 
commissioner  of  public  works,  comptroller,  or  other  person, 
whose  compensation  is  to  be  so  paid  by  a  fixed  salary,  shall 
belong  to,  and  be  paid  by  such  person  or  persons,  into  the 
treasury  of  said  city,  the  same  as  all  other  revenues  belong- 
ing thereto ;  and  any  violation  of  this  provision  shall  subject 
the  offender  to  removal  from  his  office,  and  the  amount  re- 
ceived by  him  shall  be  recoverable  by  action  of  debt  or  as- 
sumpsit, in  favor  of  said  city. 
Salaries, how       Sec.  20.  All  Salaries  shall  be  payable  monthly  or  quar- 

payable.  i     o  t/  i 

terly  out  of  the  appropriate  fund,  voted  by  the  common 
council  to  pay  the  same,  upon  the  warrant  of  the  comp- 
troller, as  in  other  cases. 
Recorder's         gjc.  21.  The  common  council  shall  have  power  to  pay  to 

salary.  ^  r    J 

the  recorder  of  the  city  of  Chicago,  such  compensation  from 
time  to  time  as  said  council  may  deem  proper,  in  addition  to 
the  salary  prescribed  by  law. 
?eform8chooi      ^^^'  ^^-  -^^  member  of  the  board  of  guardians  of  the  reform 
of  b^ard '^oT^  school,  or  of  the  board  of  education,  shall  receive  any  compen- 
6er"?*S-*°  sation  for  any  services  he  may  perform,  nor  shall  any  teacher, 
srtion.™^^"'  agent  or  employee  of  either  board  sell,  dispose  of  or  be  inter- 
ested in  any  articles  purchased,  or  work  done,  for  the  school 
or  schools.     Nor  shall  he  be  interested  in  any  contract,  loan, 
or  anything  else  whereby  he  may  receive  any  commission,  in- 
terest, or  other  profits  from  the  fund  appropriated  to  the  re- 
form school  or  public  schools,  under  the  penalty  of  having  his 
office  immediately  declared  vacant  by  the  common  council. 


POWERS   OF   COUNCIL.  25 


CHAPTER   IV. 

THE  COMMON   COUNCIL— ITS  GENERAL  POWERS  AND 

DUTIES. 

Section  Section 

1.  Mayor   and   aldermen   constitute    the        5.  No  vote  to  be  reconsidered  at  special 

common  council ;   to  determine  time  meetings  unless  as  many  are  present 

and  place  of  meetings ;  m.ayor  to  pre-  as  when  such  vote  was  taken, 

side  ;   in  his  absence,  any  alderman ;  6.  Power  to  require  reports  from  city  offi- 

quorum.  cers. 

2.  No  member  to  receive  any  compensa-  7.  On  all  ordinances  to  appropriate  money, 

tion,  hold  any  lucrative  office,  or  be  impose  taxes  or  borrow  money,  the 

interested  in  any  contract.  ayes  and  noes  to  be  taken  ;   the  votes 

3.  To  hold  stated  meetings;    special  meet-  of  a  majority  of  the  board  requisite  to 

ings,  how  called ;  to  determine  rules  of  their  passage. 

proceedings  ;  be  the  judge  of  the  elec-  8.  Council  to  have  general  control  of  finan- 

tion  of  its  members,  and  compel  their  ces  and    property ;    enumeration   of 

attendance.  powers. 

4.  Ordinances,  petitions  and  communica-  9.  Power  to  establish  cemeteries  and  make 

tious  to  be  referred  to  committees;  re-  regulations  therefor ;  the  board  of  pub- 

port  of  committee  to  be  deferred  and  lie  works  to  superintend  the  grounds; 

published  on  request  of  two  aldermen.  sale  of  lots ;   penalty  for  violation  of 

rules  and  regulations. 

Section  1.  The  mayor  and  aldermen  shall  constitute  the  eo^^irhow 
common  council  of  said  city.     The  common  council  shall  constituted, 
meet  at  such  times  and  places  as  they  shall  by  resolution 
direct.     The  mayor,  when  present,  shall  preside  at  all  meet- 
ings of  the  common  council,  and  shall  have  only  a  casting 
vote.     In  his  absence  any  one  of  the  aldermen  may  be  President, 
appointed  to  preside.     A  majority  of  the  persons  elected  as  Quorum, 
aldermen  shall  constitute  a  quorum. 

Sec.  2.  No  member  of  the  common  council  shall,  during  ^Lu^rTc^lve 
the  period  for  which  he  was  elected,  receive  any  compensation  tSSf &c!^' 
for  his  services,  or  be  appointed  to,  or  be  competent  to  hold, 
any  office  of  which  the  emoluments  are  paid  from  the  city 
treasury,  or  paid  by  fees  directed  td*be  paid  by  any  act  or 
ordinance  of  the  common  council,  or  be  directly  or  indirectly 
interested  in  any  contract,  the  expenses  or  consideration 
whereof  are  to  be  paid  under  any  ordinance  of  the  common 
council. 

Sec.  3.  The  common  council  shall  hold  stated  meetings,  council  to 

_  =•   '   hold  stated 

and  the  mayor  or  any  two  aldermen  may  call  special  meetings  meetings. 


26  CITY    CHARTER. 


by  notice  to  each  of  the  members  of  said  council,  served 
personally,  or  left  at  his  usual  place  of  abode.     Petitions 
and  remonstrances  may  be  presented  to  the  common  council, 
itsown^uies  ^^^  ^^^^  couucll  sliall  determine  the  rules  of  its  own  pro- 
of theVie?^  ceedings,  and  be  the  judge  of  the  election  and  qualifications 
^lon  0  mem-  ^^  .^^  ^^^  mcmbcrs,  and  have  power  to  compel  the  attendance 

of  absent  members. 

?o^b?referred       ^^^*  '^'  ^^^  ordinauccs,  pctitious  and  communications  to 

tees?"™^*"    the  common  council,  shall,  unless  by  unanimous  consent,  be 

referred  to  appropriate  committees,  and  only  acted  on  by 

the  council  at  a  subsequent  meeting  on  the  report  of  the 

?ommittee  to  committec   having  the  same  in  charge.     Any  report  of  a 

aM  ^puwish-  committee  of  the  council  may  be  deferred  to  the  next  regu- 

of  two^aider-  lar  meeting  of  the  same,  and  the  publication  of  said  report 

in  the  corporation  newspaper  required,  by  request  of  any 

two  aldermen  present. 

Eeconsiderar       Sec.  5.  No  votc  of  the  commou  couucil  sliall  be  recon- 

tion. 

sidered  or  rescinded  at  a  special  meeting  unless  at  such 
special  meeting  there  be  present  as  large  a  number  of  alder- 
men as  were  present  when  such  vote  was  taken. 
qui^rrepOTts       ^^^-  ^-  T^^  common  council  shall  have  power  to  require 
from  city  offi-  fj.^^  ^j^j  officer  of  Said  city,  at  any  time,  a  report  in  detail 
of  the  transactions  in  his  office,  or  of  any  other  matter  by 
said  council  deemed  necessary, 
naysrequir-       ^^^-  '''•  Upou   tlic  passagc  of  all   ordcrs,  ordinances  or 
cases.  ^'^'^**^°  resolutions  appropriating  money,  imposing  taxes,  or  author- 
izing the  borrowing  of  money,  the  yeas  and  nays  shall  be 
entered  on  the  record  of  the  common  council,  and  a  majority 
of  the  votes  of  all  the  aldermen  entitled  to  seats  in  the 
board  shall  be  necessary  to  their  passage. 
controifinan-      Sec.  8.  The  couimou  couucil  shall  have,  subject  to  the 
provisions  hereinafter  contained,  the  general  management 
and  control  of  the  finances,  and  all  the  property,  real,  per- 
^CTierapow-  g^^^jj^j  ^^^  mixed,  belonging  to  the  corporation,  and  shall 
likewise  have  power  within  the  jurisdiction  of  the  city,  by 
ordinance : 


POWERS   OF   COUNCIL.  27 


First.     To  lease  the  wharfing  privileges  of  the  river,  at  ^hSugpri- 
the  ends  of  streets,  upon  such  terms  and  conditions  as  may  ^''^'''^• 
be  usual  in  the  leasing  of  other  real  estate,  reserving  such 
rents  as  may  be  agreed  upon,  and  employing  such  remedies 
in  case  of  non-performance  of  any  covenants  in  such  lease, 
as  are  given  by  law  in  other  cases.     But  no  buildings  shall  Restrictions, 
be  erected  thereon ;  nor  shall  a  lease  for  a  longer  period 
than  three  years  at  any  time  be  executed ;  and  the  owner 
or  owners  of  the  adjoining  lot  or  lots,  shall,  in  all  cases, 
have  the  preference  in  leasing  such  property ;  and  a  free 
passage  over  the  same  for  all  persons  with  their  baggage 
shall  be  reserved  in  such  lease :  Provided,  nothing  in  this  Proviso, 
section  shall  be  so  construed  as  to  impair  or  prejudice  any 
rights  which  any  person  may  have  acquired  by  the  accept- 
ance of  any  proposition  heretofore  made  by  said  city  re- 
specting the  wharfing  privileges. 

Second.     To  remove  and  prevent  all  obstructions  in  the  River  ob- 

^  structions. 

waters  which  are  public  highways  in  said  city,  and  to  widen, 
straighten  and  deepen  the  same. 

Third.     To  prevent  and  punish  forestalling  and  regrating  Forestalling, 
and  to  prevent  and  restrain  every  kind  of  fraudulent  device 
and  practice. 

Fourth.     To  restrain   and  prohibit,  all   descriptions  of  oaming. 
gaming  and  fraudulent  devices,  and  all  playing  of  dice,  cards 
and  other  games  of  chance,  with  or  without  betting. 

Fifth.    To  regulate  the  selling,  or  giving  away  of  any  ardent  A'"  "^  ^^^  ^^"^^ 
spirits  by  any  shop  keeper,  trader  or  grocer,  to  be  drunk  in 
any  shop,  store  or  grocery,  outhouse,  yard,  garden,  or  other 
place  within  the  city. 

Sixth.     To  forbid  the  selling  or  giving  away  of  ardent  Furnishing 
spirits  or  other  intoxicating  liquors,  to  any  child,  appren-  *^- 
tice  or  servant  without  the  consent  of  his  or  her  parent, 
guardian,  master  or  mistress. 

Seventh.     To  license,  regulate  and  restrain,  tavern  keep-  quors'^iic 
ers,  grocers  and  keepers  of  ordinaries  or  victualing  or  other 
houses  or  places,  for  the  selling  or  giving  away,  wines  and 


28 


CITY    CHARTER. 


Billiard  ta- 
bles, &c. 


Hackmen,&c. 


other  liquors,  whether  ardent,  vinous  or  fermented. 

Eighth.  To  license,  tax,  regulate,  suppress  and  prohibit, 
billiard  tables,  pin  alleys,  nine  or  ten  pin  alleys,  and  ball 
alleys. 

Ninth.  To  license,  regulate  and  suppress,  hackmen,  dray- 
men, carters,  porters,  omnibus  drivers,  cabmen,  carmen,  and 
all  others,  whether  in  the  permanent  employment  of  any 
individual,  firm,  or  corporation,  or  otherwise,  who  may  pur- 
sue like  occupations  with  or  without  vehicles,  and  prescribe 
their  compensation. 

Tenth.  To  tax,  license  and  regulate,  auctioneers,  distil- 
lers, brewers  and  pawn  brokers,  and  all  keepers  or  proprietors 
of  junk  shops  and  places  for  the  sale  or  purchase  of  second- 
hand goods,  wares  or  merchandise. 

Eleventh.  To  license,  tax,  regulate  and  suppress,  hawk- 
ers and  peddlers. 

Tivelfth.  To  regulate,  license,  suppress  and  prohibit,  all 
exhibitions  of  common  showmen,  shows  of  every  kind,  con- 
certs or  other  musical  entertainments,  by  itinerant  persons 
or  companies,  exhibitions  of  natural  or  artificial  curiosities, 
caravans,  circuses,  theatrical  performances,  and  all  other 
exhibitions  and  amusements. 

Thi7'teenth.  To  authorize  the  mayor,  or  other  proper 
officer  of  the  city,  to  grant  and  issue  licenses,  and  direct  the 
manner  of  issuing  and  registering  thereof,  and  the  fees  to 
be  paid  therefor  :  Provided.,  That  no  license  shall  be  granted 
for  more  than  one  year ;  and  that  not  more  than  five  hun- 
dred dollars,  shall  be  required  to  be  paid  for  any  license 
under  this  act,  and  the  fee  for  issuing  the  same  shall  not 
exceed  one  dollar,  but  no  license  for  the  sale  of  wines  or 
other  liquors,  ardent,  vinous  or  fermented,  at  wholesale  or 
retail,  or  by  inn-keepers  or  others,  as  aforesaid,  shall  be  less 
than  fifty  dollars.     Bond  may  be  taken  on  the  granting  of 


Auctioneers, 
&c. 


Peddlers. 


Showmen, 
Ac. 


Theatres. 


Licenses. 


Proviso. 


Fee. 


Bond  requir- 
ed. 


license  for  the  due  observance  of  the  ordinances  or  regula- 
tions of  the  common  council. 


POWERS   OF  COUNCIL.  29 


Fourteenth.     To  prevent  any  riot,  or  noise,  disturbance  ^'^^s. 
or  disorderly  assemblage. 

Fifteenth.     To  suppress  and  restrain  disorderly  houses  biuTee^'^^^ 
and  groceries,  and  houses  of  ill  fame,  and  to  authorize  the 
destruction  and  demolition  of  all  instruments  and  devices 
used  for  the  purpose  of  gaming. 

Sixteenth.     To   compel   the  owner   or  occupant  of  any  JJ.nll'^aid 
grocery,  cellar,  tallow-chandler  shop,  soap  factory,  tannery,  HoueS!^ 
stable,  barn,  privy,  sewer,  or  other  unwholesome,  nauseous 
house  or  place,  to  cleanse,  remove  or  abate  the  same,  from 
time  to  time,  as  often  as  may  be  necessary  for  the  health, 
comfort  and  convenience  of  the  inhabitants  of  said  city. 

Seventeenth.     To  direct  the  location  and  management  of,  fiaughtl?' 
and  regulate  and  license  breweries,  tanneries  and  packing  ^""''^*''  *'^- 
houses,   and  to  direct  the  location,  management  and  con- 
struction of,  and  regulate,  license,  restrain,  abate,  and  pro- 
hibit within  the  city,  and  the  distance  of  four  miles  there- 
from, distilleries,  slaughtering  establishments,  establishments 
for  steaming  or  rendering  lard,  tallow,  offal  and  such  other 
substances  as  can  or  may  be  rendered ;  and  all  establish- 
ments or  places  where  any  nauseous,  offensive  or  unwhole- 
some business  may  be  carried  on :  Provided^  that  for  the  p^°^^o- 
purposes  of  this  section  the  Chicago  river  and  its  branches,  ^^Scityf'^ 
to  their  respective  sources,  and  the  land  adjacent  thereto, 
or  within  one  hundred  rods  thereof,  shall  be  deemed  to  be 
within  the  jurisdiction  of  the  city. 

Eiqhtcenth.     To  establish  and  ref]:ulate  markets  and  other  ^^'i'",^^*!  '^Pf 

•^  o  public  Diuld- 

public  buildings,  and  provide  for  their  erection  and  determ-  ^"°^- 
ine  their  location. 

Nineteenth.     To  regulate,  and  license  or  prohibit  butch-  B"tcbe".*c. 
ers,   and  to  revoke  their  licenses,   for  malconduct  in  the 
course  of  trade,  and  to  regulate,  license,  and  restrain  the 
sale  of  fresh  meats  and  vegetables  in  the  city,  and  restrain 
and  punish  the  forestalling  of  poultry,  fruit  and  eggs. 

Tiventieth.     To  direct  and  prohibit  the  location  and  man-  Gunpowder. 


30  CITY    CHARTER. 


agement  of  houses  for  the  storing  of  gun  powder,  or  other 
combustible  and  dangerous  materials  within  the  city. 

Same.  Tiventy-first.     To  regulate  the  keeping  and  conveying  of 

gun  powder  and  other  combustible  and  dangerous  materials, 
and  the  use  of  candles  and  lights  in  barns,  stables  and  out- 
houses. 

Horseracing,  Twenty-seGOYid.  To  proveut  horse  racing,  immoderate 
riding  or  driving  in  the  streets,  and  to  authorize  persons 
immoderately  riding,  or  driving,  as  aforesaid,  to  be  stopped 
by  any  person ;  and  punish  or  prohibit  the  abuse  of  ani- 
mals ;  to  compel  persons  to  fasten  their  horses,  oxen,  or 
other  animals,  attached  to  vehicles,  or  otherwise,  while 
standing  or  remaining  in  the  street. 

Encumber-         Twentv -third.     To  prevent  the  encumbering  of  the  streets, 

rng  streets.  cf  r  o  ^ 

side  walks,  lanes,  alleys,  public  grounds,  wharves  and  docks, 
with  carriages,   carts,  sleighs,   sleds,  wheelbarrows,  boxes, 
lumber,  timber,  fire  wood,  posts,  awnings,  signs,  or  any  sub- 
stance or  material  whatever. 
Bathing,  in-        Twenty-fourtJi.     To  regulate  and   determine   the  times 

decent  expo-  ^^  «'  o 

sure,  &c.  ^^^  places  of  bathing  and  swimming  in  the  canals,  rivers, 
harbor  or  other  waters,  in  and  adjoining  said  city,  and  to 
prevent  any  obscene  or  indecent  exhibition,  exposure  or 
conduct. 

Vagrants.  Twenty-jifth.     To  restrain  and  punish  vagrants,  mendi- 

cants, street  beggars,  and  prostitutes. 

Impounding.  Twentysixtli.  To  restrain,  and  regulate,  or  prohibit  the 
running  at  large  of  cattle,  horses,  mules,  swine,  sheep,  goats, 
and  geese,  and  to  authorize  the  distraining,  impounding,  and 
sale  of  the  same  for  the  penalty  incurred,  and  the  cost  of 
the  proceedings;  and  also  to  impose  penalties  on  the  own- 
ers of  any  such  animals,  for  a  violation  of  any  ordinances 
in  relation  thereto. 

^°^^'  Twenty -seventh.     To  prevent  and  regulate  the  running 

at  large  of  dogs,  to  tax,  and  to  authorize  the  destruction  of 
the  same  when  at  large  contrary  to  the  ordinance. 
es,  &c.  Tiventy-eighth.     To  prevent  and  regulate  the  rolling  of 


POWERS   OF   COUNCIL.  31 


hoops,  playing  of  ball,  flying  of  kites,  or  any  other  amuse- 
ment, or  practice,  having  a  tendency  to  annoy  persons  pass- 
ing in  the  streets,  or  on  the  side  walks,  or  to  frighten  teams 
and  horses. 

Twcniy-nintli.     To  make  regulations  to  prevent  the  in-  Qiaj-a°tine. 
troduction  or  spread  of  contagious  diseases  into  the  city ;  to 
make  quarantine  laws,  and  enforce  the  same  within  the  city, 
and  not  to  exceed  fifteen  miles  beyond  the  city  bounds. 

Tliirtieth.     To  control  and  regulate  the  streets,  and  alleys,  ^^^  ^^'^ 
and  to  remove,  and  abate,  any  obstructions  and  encroach- 
ments therein. 

TJiirty-first.     To  compel  all  persons  to  keep  the  snow,  fSe^^.^t^.'''^ 
ice,  and  dirt  from  the  side  walk,  in  front  of  the  premises 
owned  or  occupied  by  them. 

Thirty-second.     To  prevent  the  ringing  of  bells,  blowing  ^^^^^^  **^ 
of  horns,  and  bugles,  crying  of  goods,  and  all  other  noises, 
performances,  and  devices,  tending  to  the  collection  of  per- 
sons, on  the  streets,  or  side  walks,  by  auctioneers,  or  others, 
for  the  purposes  of  business,  amusement  or  otherwise. 

Thirty-third.  To  abate  and  remove  nuisances,  and  pun-  Nuisances. 
ish  the  authors  thereof,  by  penalties,  fine  and  imprisonment, 
and  to  define  and  declare  what  shall  be  deemed  nuisances, 
and  authorize  and  direct  the  summary  abatement  thereof; 
but  nothing  in  this  act  shall  be  so  construed  as  to  oust  any 
court  of  jurisdiction  to  abate  and  remove  nuisances,  in  the 
streets,  or  any  other  parts  of  said  city,  or  within  its  juris- 
diction, by  indictment  or  otherwise. 

TJiirty-fourth.     To  license,  regulate  and  restrain  runners  Runners. 
for  boats  and  stages,  cars  and  public  houses. 

Thirti/- fifth.     To  ref^-ulate  the  burial  of  the  dead,  and  Buriai.*.  biiis 

^  *  '^  o  'of  mortality. 

recistration  of  births  and  deaths ;  to  direct  the  returnincr 
and  keeping  of  bills  of  mortality,  and  to  impose  penalties  on 
physicians,  sextons  and  others,  for  any  default  in  the  premises. 

Thirty-sixth.    To  regulate  and  prohibit  the  keeping  of  any  JJ;^^*Jc 
lumber  yard,  and  the  placing,  piling  or  selling  lumber,  timber? 


32 


CITY  CHARTER. 


Inspectors  of 
lumber, 


Tish. 


wood  or  other  combustible  material  within  the  fire  limits 
of  said  city. 

Thirty-seventh.  To  regulate  the  measuring  and  inspect- 
ing of  lumber,  shingles,  timber,  posts,  staves  and  heading, 
and  all  buildingmaterials,  and  appoint  one  or  more  inspectors. 

Thirty -eighth.  To  regulate  the  place  and  manner,  of 
selling  pickled  and  other  fish. 

Thirty-ninth.  To  regulate  the  weighing,  and  place  and 
manner,  of  selling  hay ;  and  the  cutting  and  sale  of  ice, 
and  to  restrain  the  sale  of  such  ice  as  is  impure. 

Fortieth.  To  regulate  the  measuring  of  wood  and  the 
weighing  and  selling  of  coal,  and  the  place  and  manner  of 
selling  the  same. 

Forty-first.  To  regulate  the  inspection  of  flour,  meal, 
pork,  beef,  and  other  provisions,  and  salt  to  be  sold  in  bar- 
rels, hogsheads  and  other  packages. 

Forty-second.  To  regulate  the  inspection  of  whisky  and 
other  liquors,  to  be  sold  in  barrels,  hogsheads,  and  other 
vessels. 

Forty-third.  To  appoint  inspectors,  weighers,  gaugers, 
and  regulate  their  duties  and  prescribe  their  fees. 

Forty-fourth.  To  regulate  the  sale  of  bread  within  said 
city,  and  prescribe  the  weight  of  bread  in  the  loaf  and  the 
quality  of  the  same. 


Hay. 


Wood  and 
coal. 


Inspection  of 
flour,  pork, 


Inspection  of 
liquors. 


Inspectors. 


Bread. 


Public 

pumps,  wells, 
Ac. 


Pounds. 
Lamps. 

Ferries. 
Steam  cars. 


Forty-fifth.  To  regulate  public  pumps,  wells,  and  cis- 
terns, hydrants  and  reservoirs,  and  to  prevent  the  unneces- 
sary waste  of  water. 

Forty-sixth.     To  establish  and  regulate  public  pounds. 

Forty-seventh.  To  erect  lamps,  and  regulate  the  lighting 
thereof. 

Forty-eighth.     To  regulate  and  license  ferries. 

Forty-ninth.  To  regulate  and  prohibit  the  use  of  locomo- 
tive engines  within  the  city,  and  require  railroad  cars  to  be 
propelled  by  other  power  than  that  of  steam ;  to  direct  and 
control  the  location  of  railroad  tracts,  and  to  require  railroad 


POWERS   OF   COUNCIL  33 


companies  to  construct,  at  their  own  expense,  such  bridges, 

crossings. 


tunnels,  or  other  conveniences,  at  public  railroad  crossings  Railroad 
as  the  common  council  may  deem  necessary ;   also  to  regu- 
late the  running  of  horse-rail-way  cars,  the  laying  down  of  ^ay^cai'." 
tracks  for  the  same,  the  transportation  of  passengers  thereon, 
and  the  kind  of  rail  to  be  used. 

Fiftieth.  To  erect  and  establish,  either  within  or  without  ^"*^^^^  • 
the  corporate  limits  of  the  city,  a  bridewell  or  house  of  cor- 
rection, and  purchase  grounds  therefor,  pass  all  necessary 
ordinances  for  the  regulation  thereof,  and  appoint  a  keeper 
and  as  many  assistants  as  may  be  necessary.  In  the  said 
bridewell  or  house  of  correction,  shall  be  confined  all  va-  muted^to*^™" 

I)  ride  well 

grants,  stragglers,  idle  or  disorderly  persons  who  may  be 
committed  thereto,  by  any  criminal  court,  or  magistrate,  in 
and  for  the  city,  and  all  persons  sentenced  to  said  bridewell 
or  house  of  correction  by  any  criminal  court,  or  magistrate, 
in  and  for  the  city,  for  any  assault  and  battery,  petit  larceny, 
or  other  misdemeanor  punishable  by  imprisonment  in  any 
county  jail;  and  all  persons  confined  therein  may  be  kept  at 
labor  or  in  solitary  confinement. 

Fifty-first.  To  require  every  merchant,  retailer,  trader,  mSs^^i  to** 
and  dealer  in  merchandise  or  property  of  any  description,  ^^^^  ' 
which  is  sold  by  measure  or  weight,  to  cause  their  weights 
and  measures  to  be  sealed  by  the  city  sealer,  and  to  be 
subject  to  his  inspection ;  the  standard  of  which  weights 
and  measures  shall  be  conformable  to  those  now  establish- 
ed by  law. 

Fifty-second.     Exclusively  to  erect  and  construct,  or  to  ^^"''g^^- 
permit  or  cause,  or  procure  to  be  erected  and  constructed, 
float,   pivot,   or   draw  bridges,   over  the  navigable   waters 
within  the  jurisdiction  of  said   cit}',   and  keep   the  same  in 
repair  :  said  bridges  to  have  draws  of  suitable  width. 

Fifty-third.     To  preserve  the  harbor ;  to  prevent  any  use    " 
of  the  same,  or  any  act  in  relation  thereto,   inconsistent 
with,  or  detrimental  to,  the  public  health,  or  calculated  to 
render  the  waters  of  the  same,  or  any  part  thereof,  impui-e 


34  CITY  CHARTER. 


or  offensive,  or  tending  in  any  degree  to  fill  up  or  obstruct 
the  same ;  to  prevent  and  punish  the  casting  or  depositing 
therein  any  earth,  ashes,  or  other  substance,  filth,  logs,  or 
floating  matter ;  to  prevent  and  remove  all  obstructions 
therein,  and  punish  the  authors  thereof;  to  regulate  and 

eels.  prescribe  the  mode  and  speed  of  entering  and  leaving  the 

harbor,  of  passing  the  bridges,  and  of  coming  to,  and  depart- 
ing from,  the  wharves  and  streets  of  the  city,  by  steamboats, 
canal  boats,  and  other  crafts  and  vessels,  and  the  disposi- 
tion of  the  sails,  yards,  anchors,  and  appurtenances  thereof, 
■vyhile  entering,  leaving,  or  abiding  in  the  harbor,  and  to 
regulate  and  prescribe  by  such  ordinances,  or  through  their 
harbor  master  or  other  authorized  officer,  such  a  location  of 
every  canal  boat,  steamboat,  or  other  craft,  or  vessel,  or 
float,  and  such  changes  of  station  in,  and  use  of,  the  harbor, 
as  may  be  necessary  to  promote  order  therein,  and  the  safety 
and  equal  convenience,  as  near  as  may  be,  of  all  such  boats, 
vessels,  crafts,  and  floats  ;  and  to  impose  penalties  not  ex- 
ceeding one  hundred  dollars  for  any  offense  against  any 
such  ordinance ;  and  by  such  ordinance  charge  such  penal- 
ties, together  with  such  expenses  as  may  be  incurred  by  the 
city  in  enforcing  this  section,  upon  the  steamboat,   canal 

tute^  harbor!  boat,  or  othcr  vessel,  craft,  or  float.     The  harbor  of  the  city 


Penalties. 


shall  include  the  piers  and  so  much  of  lake  Michigan  as  lies 
within  the  distance  of  one  mile  into  the  lake,  and  the  Chicago 
river  and  its  branches  to  their  respective  sources. 

feysfbridges,  Fifty -fouTtJi.  To  coutrol,  rcgulatc,  repair,  amend  and 
^'  ^'  clear  the  streets  and  alleys,  bridges,  side  and  cross  walks, 
and  open,  widen,  straighten,  and  vacate  streets  and  alleys, 
and  establish  and  alter  the  grade  thereof,  and  prevent  the 
encumbering  of  the  streets  in  any  manner,  and  protect  the 
same  from  any  encroachments  and  injury. 

frTes!"^"*"^  Fifty-fifth.  To  direct  and  regulate  the  planting  and  pre- 
serving ornamental  trees  in  the  streets  and  public  grounds. 

deansi^l^o/      Fifty-sixtli.     To  fill  up,  drain,  cleanse,  alter,  relay,  re- 

yar  a,  c.      t^^av^  and  rcgulatc  any  grounds,  yards,  barns,  slips,  cellars, 


POWERS   AND   DUTIES   OF   OFFICERS.  35 

private  drains,  sinks,  and  privies,  direct  and  regulate  tlieir 
construction,  and  cause  the  expenses  to  be  collected  in  the 
manner  hereinafter  provided. 

Fifty-seventh.     To  erect  and  establish  one  or  more  pest  Pest-houses, 
houses,  hospitals  or  dispensaries,  and  control  and  regulate 
the  same. 

Fifty-eighth.     To  abate  all  nuisances  which  are,  or  may  Nnisances. 
be  injurious  to  the  public  health,  in  any  manner  they  may 
deem  expedient. 

Fifty-ninth.     To  do  all  acts  and  make  all  regulations  i^eaith. 
which  may  be  necessary  or  expedient,  for  the  preservation 
of  health,  and  the  suppression  of  disease. 

Sixtieth.  To  prevent  any  person  from  bringing,  deposit-  Janie8*"rt 
ing,  or  having  within  the  limits  of  said  city  any  dead  carcase,  ""'^'^^  °^'  **^' 
or  any  other  unwholesome  substance,  and  to  require  the 
removal  or  destruction  by  any  person  who  shall  have,  place, 
or  cause  to  be  placed,  upon  or  near  his  premises,  any  such 
substance,  or  any  putrid  or  unsound  beef,  pork,  or  fish,  liides 
or  skins  of  any  kind;  and  on  his  default,  to  authorize  the 
removal  or  destruction  thereof,  by  some  oflficer  of  said  city. 

Sixty -fir  St.     To  authorize  the  taking  up  and  provide  for  JJy^^g^'^^pjj 
the  safe  keeping  and  education,  for  such  periods  of  time  as  «ca«onof,&c. 
may  be  deemed  expedient,  of  all  children  who  are  destitute 
of  proper  parental  care,   and  growing  up  in  mendicancy, 
ignorance,  idleness,  and  vice. 

Sixty-second.  To  lease  or  purchase,  improve  and  main-  House  of  ref- 
tain  suitable  grounds,  either  within  or  without  the  corporate 
limits  of  said  city,  for  a  house  of  refuge  and  correction,  to 
erect  buildings  thereon,  and  adopt  such  rules  and  regulations 
for  the  government  thereof,  and  the  punishment  of  juvenile 
offenders  therein,  as  may  from  time  to  time  be  deemed 
expedient. 

Sixty -third.     To  authorize  the  arrest,  fine  and  imprison-  vagrants  and 
ment  in  the  city  bridewell  or  house  of  correction,  as  vagrants, 
of  all  persons,  who  not  having  visible  means  to  maintain 
themselves  are  without  employment,  idly  loitering  or  ram- 


36 


CITY    CHARTER. 


Gamesters. 


Swindlers. 


Other  gener- 
al powers. 


bling  about,  or  staying  in  groceries,  drinking  saloons,  houses 

of  ill-fame  or  houses  of  bad  repute,  gambling  houses,  railroad 

Trespassers,  (Jepots  or  fire  engine  houses,  or  who  shall  be  found  trespass- 
beggars,  &C.         ±  O  7  1 

ing  in  the  night  time  upon  the  private  premises  of  others, 
or  begging,  or  placing  themselves  in  the  street  or  other 
thoroughfares  or  public  places  to  beg  or  receive  alms; 
also  keepers,  exhibitors,  or  visitors  at  any  gaming  table, 
gambling  house,  house  for  fortune  telling,  places  for  cock 
fighting,  or  other  places  of  device ;  and  all  persons  who  go 
about  for  the  purpose  af  gaming  or  watch  stuffing,  or  who 
shall  have  in  their  possession  any  article  or  thing  used  for 
obtaining  money  under  false  pretenses,  or  who  shall  disturb 
any  place  where  public  or  private  schools  are  held  either  on 
week  day  or  Sabbath,  or  places  where  religious  worship  is 
held. 

Sixty -fourth.  To  make,  publish,  ordain,  amend  and 
repeal  all  such  ordinances,  by-laws  and  police  regulations, 
not  contrary  to  the  constitution  of  this  state,  for  the  good 
government  and  order  of  the  city,  and  the  trade  and  commerce 
thereof,  as  may  be  necessary  or  expedient  to  carry  into 
effect  the  powers  vested  in  the  common  council,  or  any 
officer  of  said  city,  by  this  act ;  and  enforce  observance  of 
all  rules,  ordinances,  b^T^-laws,  and  police  and  other  regula- 
tions, made  in  pursuance  of  this  act,  by  penalties  not  ex- 
ceeding one  hundred  dollars  for  any  offense  against  the 
same.  The  common  council  may  also  enforce  such  rules, 
ordinances,  by-laws,  and  police  and  other  regulations,  as 
aforesaid,  by  punishment  of  fine  or  imprisonment  in  the 
county  jail,  bridewell,  or  house  of  correction,  or  both,  in  the 
discretion  of  the  magistrate  or  court,  before  which  conviction 
may  be  had :  Provided,  such  fine  shall  not  exceed  five 
hundred  dollars,  nor  the  imprisonment  six  months. 

Sec.  9.  The  common  council  is  hereby  authorized  to 
purchase  for  said  city  such  tracts  of  land  without  the  city 
limits,  for  the  purpose  of  establishing  cemeteries  for  the 
interment  of  the  dead  therein,  as  they  may  think  necessary, 


Penalties. 


Cemeteries. 


POWERS   AND   DUTIES   OP   OFFICERS.  37 

which  shall  be  exempt  from  taxation  under  any  law  of  this 
state ;  and  they  are  also  authorized  and  empowered  to  pass  ^''guiation 
and  enforce  such  ordinances,  rules  and  regulations  with 
regard  to  the  improvement,  preservation,  laying  out,  and 
ornamenting  the  same,  and  the  sale  of  burial  places  or  lots 
for  the  interment  of  the  dead  therein,  as  they  may  deem 
proper.  The  ground  or  grounds  so  laid  out  shall  be  placed  eSo?^°'^* 
under  the  superintendence  of  the  board  of  public  works  of 
said  city,  and  the  lots  which  may  be  laid  out  and  sold  shall, 
with  the  appurtenances,  forever  be  exempt  from  execution 
and  attachment.  As  soon  as  said  grounds  are  regulated  and 
laid  out,  a  map  or  plat  thereof  shall  be  made  out  by  the 
board  of  public  works,  and  a  copy  thereof  filed  in  the 
comptroller's  oflBce,  who  shall  have  charge  of  the  sale  and  ^^^^^f^^*^- 
disposition  of  all  lots  therein,  under  the  ordinances  and 
regulations  of  the  common  council.  The  proceeds  of  such 
sales  shall  be  paid  into  the  city  treasury,  and  be  credited 
and  charged  on  the  books  of  the  treasury  department  to  a 
"cemetery  fund,"  to  be  kept  distinct  from  all  other  funds 
of  said  city.  The  said  common  council  is  also  fully  em-  ^®°^i*^®«- 
powered  and  authorized  to  provide  for  the  punishment,  by 
ordinance,  of  all  persons  who  shall,  without  said  city  limits, 
be  guilty  of  any  violation  of  the  regulations,  rules  and  ordi- 
nances, established  by  said  city  in  relation  to  such  cemeteries; 
and  such  violations  may  be  punished  by  fine  and  imprison- 
ment, as  in  other  cases,  by  any  court  of  competent  jurisdiction 
within  said  city,  and  all  process  issued  for  the  arrest  of  any 
person  or  persons  guilty  of  such  violation,  may  be  executed 
without  said  city  limits,  by  any  officer  or  constable  thereof, 
the  same  as  if  such  oifense  had  been  committed  within  the 
boundaries  of  the  corporation. 


38 


CITY    CHARTER. 


CHAPTER  V. 


THE   TREASURY  DEPARTMENT. 


Section 

1.  OflScers  of  the  department. 

2.  General  duties  of  the  department. 

3.  Appointment  of  comptroller;  his  com- 

pensation and  bond. 

4.  Comptroller  to  keep  account  of  all  appro- 

priations, expenditures  and  receipts. 

5.  Comptroller  to  have  supervision  over  all 

receiving  and  disbursing  oflScers;  his 
general  powers  and  duties. 

6.  Accounts  against  the  city  to  be  audited 

by  the  comptroller. 
'  7.  Warrants  on  the  treasurer  to  be  drawn 
by  comptroller  and  countersigned  by 
the  mayor ;  doubtful  claims  to  be  sub- 
mitted to  decision  of  mayor  and  finance 
committee. 

8.  Receivers  of  city  revenue  to  be  charged 

with  amount  received ;  tax  and  assess- 
ment warrants  to  be  countersigned  by 
comptroller ;  comptroller  to  reqviire  re- 
ports of  all  receiving  officers. 

9.  Annual  statement  of  receipts  and  ex- 

penditures to  be  made  by  comptroller. 

10.  Annual  estimate  of  city  expenses  to  be 

furnished  by  comptroller. 

11.  Monthly  statements  of  receipts  and  ex- 

penditures to  be  made  by  comptroller. 

12.  Duties  of  the  treasurer. 

13.  Warrants  on  treasurer,  how  dra^m. 

14.  Treasurer    to  keep    sepai'ate  accounts 

with  each  fund  or  appropriation. 

15.  Duplicate  receipts  to  be  given  for  money 

paid  into  the  treasury;  copy  to  be  filed 
with  the  comptroller. 

16.  Treasurer  to  render  monthly  accounts  to 

comptroller;  warrants  and  other  vouch- 
ers for  moneys  paid  to  be  delivered  to 
comptroller. 

17.  Custody  of  public  moneys;    treasurer 

prohibited  from  using  them ;  penalty 
for  violation. 

18.  Annual  report  of  receipts  and  expendi- 

tures to  be  made  by  treasm-er ;  register 
to  be  kept  of  all  warrants  paid  by  him. 

19.  Special  assessment  moneys  to  be  kept  as 

a  special  fund. 

20.  Bond  of  treasui'er. 

21.  Duties  of  city  collector. 

22.  Collector's  books  and  papers  placed  under 

supervision  of  comptroller  and  finance 
committee ;  collector  to  pay  over  daily 
all  moneys  collected. 

23.  Collector  to  report  weekly  to  comptroller; 

annual  statement  to  bo  made  in  April. 

24.  Collector  prohibited  from  retaining  pub- 

lic moneys  in  his  hands. 


OflScersofthe 
department. 


Section 

25.  Bond  of  collector. 

26.  Penalty  for  selling  land  on  which  taxes 
have  been  paid. 

Annual  reports  of  comptroller,  treasurer 
and  collector,  to  be  examined  and  com- 
pared by  finance  committee. 

Decision  of  finance  committee  binding  in 
all  controversies  arising  between  comp- 
troller, treasurer  and  collector. 
29.  Comptroller,  treasurer  and  collector  to 
appoint  and  be  responsible  for  their 
o^vTQ  clerks. 

Council  may  require  of  said  officers  other 
duties. 

Special  provisions  respecting  the  custody 
of  city  moneys ;  penalty  for  embezzle- 
ment. 

All  accounts  rendered  by  officers  of  treas- 
ury department  to  be  verified  by  oath ; 
form  of  oath. 

Appropriations,  how  to  be  made  and 
when ;  fiscal  year  to  commence  the  first 
of  April. 

City  expenditures  limited  to  amount  pro- 
vided for  in  annual  appropriation  biU ; 
special  exceptions. 

Bonds  authorized  to  be  issued  to  pay 
floating  debt  of  the  city. 

Certain  other  bonds  authorized. 

Bonds  may  be  issued  to  purchase  grounds 
and  erect  buildings  for  house  of  correc- 
tion. 

New  bonds  may  be  issued  to  satisfy  and 
retire  old  bonds  when  due. 

Comptroller  to  keep  a  register  of  out- 
standing bonds ;  all  bonds  sold  or  paid 
to  be  specified  by  comptroller  in  his 
annual  report. 

40.  Provision  for  raising  money  to  pay  inter- 

est on  the  funded  debt  in  case  of  neces- 
sity. 

41.  Comptroller  authorized  in  certain  cases 

to  borrow  of  one  fund  to  meet  de- 
mands upon  another. 
No^bonds  or  evidences  of  debt  to  be  issued 

except  those  specially  authorized. 
No  expense  to  be  incurred,  unless  an  ap- 
propriation has  been  made  concerning 
it ;  all  city  officers  prohibited  from  be- 
ing interested  in  any  sale  or  contract 
made  to  or  by  the  city. 
44.  Common  council  authorized  to  provide 
for  the  appointment  of  a  city  auditor; 
his  general  duties  defined. 


27. 


28. 


30. 
31. 


32. 


33. 


34. 


35. 


36. 
37. 


38. 
39. 


42. 
43. 


Section  1.  There  is  hereby  established  an  executive  de- 
partment of  the  municipal  government  of  said  city,  to  be 
known  as  the  "  Treasury  Department,"  which  shall  em- 
brace the  city  comptroller,  the  city  treasurer  and  the  city 


THE  TREASURY  DEPARTMENT.  39 

collector,  and  all  such  clerks  and  assistants,  including  an 
auditor,  as  the  common  council  may,  by  ordinance,  see  fit 
to  prescribe  and  establish. 

Sec.  2.  The  said  treasury  department  shall  have  control  Jutiir^"^^^ 
of  all  the  fiscal  concerns  of  the  said  corporation,  except  as 
herein  otherwise  provided,  and  shall  prescribe  the  forms  of 
keeping  and  rendering  all  city  accounts  whatever  ;  and  all 
accounts  rendered  to  or  kept  in  the  several  departments  of 
the  city  government  shall  be  subject  to  the  revision  and  in- 
spection of  the  officers  of  this  department. 

Sec.  3.  There  shall  be  appointed  by  the  mayor,  with  the  tF'SX^^' 
advice  and  consent  of  the  common  council,  some  discreet 
and  able  accountant  to  be  styled  the  city  comptroller,  who 
shall  be  chief  of  said  treasury  department,  and  hold  his 
office  until  removed  or  a  successor  be  appointed,  who  shall 
receive  such  compensation  for  his  services  as  may  be  estab- 
lished by  law,  and  who  shall  be  removable  at  all  times  at  the 
pleasure  of  the  mayor  with  the  concurrence  of  the  common 
council,  and  he  shall  give  bonds  with  securities  to  the  amount  ^^^^  '"^^i"^- 
of  not  less  than  one  hundred  thousand  dollars,  and  the 
amount  of  his  bond  may  be  increased  to  such  sum  as  may 
be  fixed  by  the  common  council ;  said  bond  to  be  approved 
by  the  common  council,  and  filed  in  the  city  clerk's  office 
and  entered  on  record.  He  shall  also  be  sworn  the  same  as  o^th  of  office, 
other  officers  to  the  faithful  discharge  of  the  duties  of  his 
office. 

Sec.  4.  The  comptroller  shall  open  and  keep  in  a  neat,  ^^f  ^J.°  ^® 
methodical  manner,  a  complete  set  of  books,  under  the  direc-  ">"^p*^<^"^^' 
tion  of  the  mayor  and  finance  committee  of  the  common 
council,  wherein  shall  be  stated,  among  other  things,  the 
appropriations  of  the  year  for  each  distinct  object  and 
branch  of  expenditure,  and  also  the  receipts  from  each  and 
every  source  of  revenue  so  far  as  he  can  ascertain  the  same. 
Said   books   and  all   papers,  vouchers,    contracts,    bonds,  2"'?J«"ttoex- 

A     I         '  '  "  '   amination. 

receipts  and  other  things  kept  in  said  office  shall  be  subject 
to  the  examination  of  the  mayor,  the  members  of  the  com- 


40 


CITY    CHAKTER. 


sion  over  re- 
ceiving and 
disbursing 
oflScers. 


His  general 
powers  and 
duties. 


mon  council  or  any  committee  or  committees  thereof. 
Comptrou-         gj]C.  5.  The  comptroller  shall  be  charged  with,  and  shall 

er's  supervi-  ■■■  o  ? 

exercise  a  general  supervision  over,  all  the  officers  of  the 
city  charged  in  any  manner  with  the  receipt,  collection  or 
disbursement  of  the  city  revenues,  and  the  collection  and 
return  of  such  revenues  into  the  city  treasury.  He  shall 
be  the  fiscal  agent  of  said  city,  and  as  such  shall  have  charge 
of  all  deeds,  mortgages,  contracts,  judgments,  notes,  bonds, 
debts,  choses  in  action,  belonging  to  said  city,  except  such 
as  are  confided  by  this  act  to  the  custody  of  the  board  of 
public  works  or  city  clerk,  and  shall  possess  and  carefully 
preserve  all  assessment  and  tax  warrants,  except  warrants 
for  the  collection  of  water  rents  or  assessments,  and  the 
returns  thereof  made  by  any  collector  or  receiver  of  taxes 
and  assessments,  and  all  leases  of  markets,  wharfing  privi- 
leges and  other  public  property  of  said  city.  He  shall  also 
have  supervision  over  the  city  debts,  contracts,  bonds,  obli- 
gations, loans,  and  liabilities  of  the  city,  the  payment  of 
interest,  and  over  all  the  property  of  the  city,  and  the  sale 
or  the  disposition  thereof;  over  all  legal  or  other  proceed- 
ings in  which  the  interests  of  the  city  are  involved,  and 
with  the  approval  of  the  mayor  to  institute  or  discontinue 
such  proceedings,  and  to  employ  additional  counsel  in  special 
cases  where  he  thinks  the  city  interests  require  it,  and  gener- 
ally in  subordination  to  the  mayor  and  common  council,  to 
exercise  supervision  over  all  such  interests  of  said  city,  as 
in  any  manner  may  concern  or  relate  to  the  city  finances, 
revenues  and  property. 

Sec.  6.  The  comptroller  shall  have  power  to  examine  all 
accounts,  claims  and  demands  for  or  against  the  city ;  and 
no  money  shall  be  drawn  from  the  treasury,  or  paid  by  the 
city  to  any  person,  except  as  herein  otherwise  provided, 
unless  the  balance  due  or  payable  be  first  settled  and  adjust- 
ed by  the  said  comptroller ;  and  for  the  purpose  of  ascertain- 
ing the  true  state  of  any  balance  or  balances  so  due,  he 
shall  have  and  he  is  hereby  clothed  with  full  power  and 


Comptroller 
to  examine 
and  audit  ac- 
counts. 


Power  to  ad- 
minister 
oaths  to 
claimants. 


THE   TREASURY   DEPARTMENT.  41 

authority  to  administer  an  oath  or  oaths  to  the  claimant  or 
claimants,  or  any  other  person  or  persons  whom  he  may 
think  proper  to  examine  as  to  any  fact,  matter  or  thing  con- 
cerning the  correctness  of  any  account,  claim  or  demand 
presented,  and  the  person  so  sworn  shall,  if  he  swear  falsely, 
be  deemed  guilty  of  wilful  and  corrupt  perjury,  and  be  sub- 
ject to  punishment  accordingly,  the  same  as  in  all  other  cases. 

Sec.  7.  xVll  money  found  to  be  due  and  payable  by  the  }^i"-ant8  on 

'J  i.     J  J  the  treasury, 

comptroller  to  any  person,  shall  be  drawn  for  by  said  comp-  ^"^^'  '''■^^°- 
troller  by  warrant  on  the  treasurer,  which  shall  be  counter- 
signed by  the  mayor,  stating  therein  the  particular  fund  or 
appropriation  to  which  the  same  is  chargeable  and  the  person 
to  whom  payable ;  but  if  said  comptroller  should,  upon  any 
examination  of  any  account  as  aforesaid,  still  doubt  as  to 
§^"  correctness,  he  shall  submit  the  same  to  the  mayor  and  JJaSl^tobe 
finance  committee  for  their  decision  thereon,  which  decision  mlTOr^ndfi- 
shall  be  binding  upon  the  city  and  filed  among   his    other  mme'er''"^' 
vouchers  in  the  comptroller's  office  ;  and  no  money  shall  be 
drawn  from  the  treasury,  except  on  the  warrant  of  the  comp- 
troller drawn  as  aforesaid. 

Sec.  8.  It  shall  be  the  duty  of  said  comptroller  as  nearly  J^^^'rMiTbe''*^ 
as  may  be,  to  charge  all  officers  in  the  receipt  of  revenues  monfye  co? 
or  moneys  of  the  city,  with  the  whole  amount  from  time  to  ^^*^^*^  ' 
time  of  such  receipts ;  and  he  shall  countersign  all  tax  and 
assessment  warrants  for  the  collection   of  revenue,   issued 
under  any  ordinance  or  law  of  the  city  by   virtue  of  which 
money  is  receivable  or  to  be  received  or  paid  into  the  city 
treasury,  except  warrants  for  the  collection  of  water  rents 
or  assessments,  charging  the  proper  officer  the  amount  col- 
lectable thereon.     He  shall  also  require  of  all  officers  in  ^"^^^ J' ^'" 

■•■  niontnly  re- 

receipt  of  city  moneys  that  they  shall  submit  reports  thereof  ^^""^f  l^^' 

with  vouchers  and  receipts  of  payment   therefor,  into  the 

city  treasury  weekly  or  monthly,  or  as  often  as  he  shall  see 

fit  to  require  the  same  by  any  regulation  which  he  may  adopt, 

and  if  any  such  officer  shall  neglect  to  make  an  adjustment  ^^^^^^  ^^ 

of  his  accounts  when  so  required  as  aforesaid,  and  to  pay  ^ffi^^^rs- 


42 


CITY    CHARTEK. 


Remoral  of 
defaulters. 


over  such  moneys  so  received,  it  shall  then  be  the  duty  of 
the  said  comptroller  to  issue  a  notice  in  writing,  directed  to 
such  officer  and  his  securities,  requiring  him  or  them  within 
ten  days  to  make  settlement  of  his  said  accounts  with  the 
comptroller,  and  to  pay  over  the  balance  of  moneys  found 
to  be  due  and  in  his  hands  belonging  to  said  city,  according 
to  the  books  of  said  comptroller  ;  and  in  case  of  the  refusal 
or  neglect  of  such  officer  to  adjust  his  said  accounts,  or  pay 
over  said  balance  to  the  treasury  as  required,  it  shall  then 
be  the  duty  of  the  said  comptroller  to  make  report  of  the 
delinquency  of  such  officer  to  the  mayor,  who  shall  at  once 
suspend  him  from  office ;  and  the  mayor  shall  thereupon 
proceed  forthwith  to  institute  the  necessary  proceedings  for 
the  removal  of  such  officer ;  and  he  is  hereby  authorized,  in 
case  of  such  suspension,  to  appoint,  with  the  concurrence  of 
the  common  council,  some  other  person  to  exercise  the  func- 
tions of  said  office  while  such  proceedings  are  pending. 

Sec.  9.  The  comptroller  shall  make  out  an  annual  state- 
ment for  publication,  in  the  month  of  April  in  each  year, 
before  the  annual  election,  giving  a  full  and  detailed  state- 
ment of  all  the  receipts  and  expenditures  during  the  year 
ending  the  first  day  of  said  month.  The  said  statement 
shall  also  detail  the  liabilities  and  resources  of  said  city, 
the  condition  of  all  unexpended  appropriations  and  contracts 
unfulfilled,  and  the  balances  of  money  then  remaining  in 
the  treasury,  with  all  sums  due  and  outstanding ;  the  names 
of  all  persons  who  may  have  become  defaulters  to  the  city, 
and  the  amount  in  their  hands  unaccounted  for,  and  all  other 
things  necessary  to  exhibit  the  true  financial  condition  of 
the  city ;  which  statement,  when  examined  and  approved  by 
the  finance  committee,  shall  be  published  by  him  in  the  cor- 
poration newspaper. 

Sec.  10.  The  said  comptroller  shall,  also,  on  or  before 
the  fifteenth  day  of  May  in  each  year,  before  the  annual 
appropriations  are  made  by  the  common  council,  submit  to 
the  same  a  report  of  the  estimates  necessary,   as  nearly  as 


Comptrol- 
ler's annual 
financial 
statement. 


Publication. 


Comptrol- 
ler's annual 
estimate  of 
city  expenses 


THE  TREASURY  DEPARTMENT.  43 

may  be,  to  defray  the  expenses  of  the  city  government 
during  the  current  fiscal  year,  commencing  on  the  first  day 
of  April ;  he  shall,  in  said  report,  class  the  different  objects 
and  branches  of  said  city  expenditure,  giving,  as  nearly  as 
may  be,  the  amount  required  for  each  ;  and  for  this  purpose 
he  is  authorized  to  require  of  all  city  officers  and  heads  of 
departments,  their  statements  of  the  condition  and  expense 
of  their  respective  departments  and  offices,  with  any  pro- 
posed improvement  and  the  probable  expense  thereof,  of 
contracts  already  made  and  unfinished,  and  the  amount  of 
any  unexpended  appropriations  of  the  preceding  year.  He 
shall  also,  in  such  report,  show  the  aggregate  income  of  the 
preceding  fiscal  year  from  all  sources ;  the  amount  of  liabili- 
ties outstanding  upon  which  interest  is  to  be  paid,  and  of 
bonds  and  city  debts  payable  during  [the]  year,  when  due,  and 
where  payable,  so  that  the  common  council  may  fully  under- 
stand the  money  exigencies  and  demands  of  the  city  for 
the  current  year. 

Sec.  11.  In  addition  to  the  other  duties  of  the  comptrol-  Monthly 

^  statement  of 

ler  of  said  city,  it  is  hereby  made  his  duty  on  or  before  the  receipts  and 

•^  '  *'  ''  expendit 

tenth  day  of  each  and  every  month,  to  make  out  a  monthly  ^^• 
statement,  giving  a  full  and  detailed  statement  of  all  mon- 
eys received  and  from  what  sources,  and  on  what  account 
received,  and  of  all  moneys  ordered  to  be  paid,  or  drawn 
for  by  warrant  by  him,  and  on  what  account  the  same  have 
been  paid,  for  the  month  preceding  that  in  which  such  state- 
ment is  made,  and  the  said  comptroller  shall  cause  the  said 
monthly  statement  to  be  published  in  the  corporation  news-  Publication. 
paper  of  said  city,  before  the  fifteenth  day  of  each  month, 
and  shall  deliver  a  true  copy  of  such  statement  to  the  said 
common  council  at  their  next  meeting. 

DUTIES  OF  THE  TREASURER. 

Sec.  12.  The  city  treasurer  shall  receive  all  moneys  be-  ^^^^^r 
longing  to  the  city,  and  shall  keep  his  office  in  some  place 
to  be  designated  by  the  common  council,  appropriated  to  the 


44 


CITY    CHARTER. 


Warrants, 
liow  di'a'Wii. 


Accounts. 


Receipts. 


keeping  of  such  office,  in  the  treasury  department.  He 
shall  keep  his  books  and  accounts  in  such  manner  as  the 
city  comptroller  or  common  council  may  prescribe,  and  such 
books  and  accounts  shall  be  always  subject  to  the  inspection 
of  said  comptroller  and  the  finance  committee. 

Sec.  13.  All  warrants  drawn  upon  the  treasurer  must  be 
signed  by  the  comptroller  and  countersigned  by  the  mayor, 
stating  therein  the  particular  fund  or  appropriation  to  which 
the  same  is  chargeable,  and  the  person  to  whom  payable, 
and  no  money  shall  be  otherwise  paid  than  upon  such  war- 
rants so  drawn. 

Sec.  14.  He  shall  keep  a  separate  account  of  each  fund 
or  appropriation,  and  the  debits  and  credits  belonging  thereto. 

Sec.  15.  He  shall  give  every  person  paying  money  into 
the  city  treasury  a  duplicate  receipt  therefor,  specifying  the 
date  of  payment,  upon  what  account  paid ;  and  he  shall  also 
file  copies  of  such  receipts  with  the  city  comptroller  at  the 
date  of  his  monthly  reports. 

Sec.  16.  The  treasurer  shall,  at  the  end  of  each  and  every 
month,  and  oftener  if  required,  render  an  account  to  the 
comptroller,  under  oath,  showing  the  state  of  the  treasury 
at  the  date  of  such  account,  and  the  balance  of  moneys  in 
the  treasury.  He  shall  also  accompany  such  account  with 
a  statement  of  all  moneys  received  into  the  treasury,  and 
on  what  account,  together  with  all  warrants  redeemed  and 
paid  by  him,  which  said  warrants,  with  any  and  all  other 
vouchers  held  by  him,  shall  be  delivered  over  to  the  comp- 
troller, and  filed  with  his  said  account  in  the  comptrol- 
ler's office  upon  every  day  of  such  settlement.  He  shall 
return  all  warrants  paid  by  him  stamped  or  marked  "  paid;" 
and  shall  give  a  list  of  said  warrants,  stating  the  number 
and  amount  of  each. 

Sec.  17.  The  treasurer  may  be  required  to  keep  all  mon- 
eys in  his  hands  belonging  to  the  city,  in  such  place  or  places 
of  deposit  as  the  common  council  may  by  ordinance  provide, 


Monthly 

statement. 


Warrants  to 
be  retm-ned. 


Care  and  cus- 
tody of  city 
moneys. 


order,  establish  or  direct.     Such  moneys  shall  be  kept  dis- 


THE  TREASURY  DEPARTMENT.  46 


tinct  and  separate  from  his  own  moneys  ;  and  he  is  hereby 
expressly  proliibited  from  using,  either  directly  or  indirectly,  prSued 
the  corporation  money  or  warrants  in  his  custody  and  keep-  tuem"'''"^ 
ing,  for  his  own  use  and  benefit,  or  that  of  any  other  person 
or  persons  whomsoever ;  and  any  violation  of  this  provision 
shall  subject  him  to  immediate  removal  from  office  by  the 
mayor,  with  the  concurrence  of  the  common  council,  who 
are  hereby  authorized  to  declare  said  office  vacant ;  and  the 
mayor,  in  case  of  said  removal,  shall  nominate  a  successor, 
who  shall  be  appointed  to  said  office  upon  the  confirmation 
of  the  said  common  council,  and  hold  his  office  for  the 
remainder  of  the  unexpired  term  of  such  officer  so  removed. 

Sec.  18.  The  treasurer  shall  also  report  to  the  common  annuarri-* 
council,  annually,  in  the  month  of  April,  before  the  election,  p"'"*' 
and  oftener  if  required,  a  full  and  detailed  account  of  all 
receipts  and  expenditures  during  the  preceding  fiscal  year, 
and  the  state  of  the  treasury.  He  shall  also  keep  a  register 
of  all  warrants  redeemed  and  paid  during  the  year,  describ- 
ing such  warrants,  their  date,  amount,  number,  the  fund 
from  which  paid,  and  persons  to  whom  paid,  specifying  also 
the  time  of  payment ;  and  all  such  warrants  shall  be  exam- 
ined at  the  time  of  the  making  such  annual  report  to  the 
common  council  by  the  finance  committee,  who  shall  examine 
and  compare  the  same  with  the  books  of  the  comptroller, 
and  report  discrepancies,  if  any,  to  the  common  council. 

Sec.  19.  All  moneys  received  on  any  special  assessment  f^lf/^^^T 
shall  be  held  by  the  treasurer  as  a  special  fund,  to  be  applied  ^""'^-• 
to  the  payment  of  the  improvement  for  which  the  assessment 
was  made;    and  said  money  shall  be  used    for   no    other 
purpose  whatsoever. 

Sec.  20.  The  treasurer  shall  ^Avc  l)ond  with  sureties  to  Tro.Yurer-8 

^  bond. 

the  amount  of  not  less  than  two  hundred  thousand  dollars, 
and  the  amount  of  his  bond  may  be  increased  to  such  sum 
as  may  be  fixed  by  the  common  council ;  said  bond  to  be 
approved  by  the  common  council,  and  filed  in  the  clerk's 
office,  and  entered  on  record.     He  shall  also  be  sworn  the 


46  CITY    CHARTER. 


same  as  other  oflScers  to  the  faithful  discharge  of  the  duties 
of  his  office. 

CITY  COLLECTOR. 

K?''^'"'^'  Sec.  21.  It  shall  be  the  duty  of  the  city  collector  to 
collect  all  taxes  and  assessments  which  may  be  levied  by 
said  city,  and  perform  such  other  duties  as  may  be  herein 
prescribed,  or  ordained  by  the  common  council.  He  shall 
keep  his  office  in  such  place  as  may  be  designated  and 
provided  by  the  common  council,  appropriated  to  the  keep- 
ing of  such  office  in  the  treasury  department,  and  shall  keep 
in  said  office,  besides  his  collection  and  revenue  warrants, 
such  other  books,  vouchers,  records  and  accounts  as  the 
comptroller  may,  by  regulation  of  the  department,  direct 
and  prescribe,  which  books  and  records,  with  all  other 
papers,  shall  remain  in  and  pertain  to  said  office,  and  be 
handed  over  to  the  successor  or  successors  of  said  officer,  or 
be  deposited  in  the  office  of  the  comptroller. 
bSiSln?  a-  ^^^-  ^^-  ^^^  ^^®  ^^^J  collector's  papers,  books,  warrants 
^^^^'  and  vouchers  shall  be  examined  by,  and  the  same  are  hereby 

placed  under  the  supervision  of  the  comptroller,  together 
with  the  finance  committee;   and  the  said  collector  shall, 
SiiyYumon-  ^^ity?  ^u  roccipt  of  the  same,  pay  over  all  moneys  collected 
eys  received.  |^^  j^^^  ^£  ^^^  persou  or  porsous  to  the  city  treasurer,  taking 

his  receipt  therefor,  which  said  collector  shall  immediately 
file  in  the  comptroller's  office. 
Weekly  re-  gj,^.^  2-3.  Thc  city  collcctor  shall  make  report,  in  writing 
under  oath  to  the  comptroller,  weekly,  or  oftener  if  required, 
of  the  amount  of  all  moneys  collected  by  him ;  the  account 
upon  which  collected,  and  shall  file  with  him  the  vouchers 
or  receipts  of  the  treasurer  for  the  amount  so  collected. 
He  shall  also  in  the  month  of  April  in  each  year,  before  the 
annual  election,  submit  to  the  common  council  and  finance 
committee,  a  statement  of  all  moneys  by  him  collected 
during  the  year,  and  the  particular  warrant,  assessment  or 
account  upon  Avhich  collected,  and  the  balance  of  moneys 
uncollected  on  the  warrants  in  his  hands  or  returned  to  the 


Annual 
statement. 


THE  TREASURY  DEPARTMENT.  47 

comptroller,  and  a  copy  of  such  statement  shall  also  be  filed 
with  the  comptroller. 

Sec.  24.  Tlie  city  collector  is  hereby  expressly  prohibited  {JSn  the 
from  keeping  the  moneys  of  the  city  in  his  hands,  or  in  the  i'^^^''-"™''"- 
hands  of  any  person  or  corporation  to  his  use,  beyond  the 
time  prescribed  for  the  payment  of  the  same  to  the  city 
treasurer ;  and  any  violation  of  this  provision  shall  subject 
him  to  immediate  removal  from  office  by  the  mayor,  with 
the  concurrence  of  the  common  council ;  and  it  is  hereby 
declared  to  be  the  duty  of  the  mayor,  upon  such  removal 
being  made,  to  nominate  and  appoint  a  successor,  with  the 
advice  and  consent  of  the  common  council. 

Sec.  25.  The  collector  shall  give  bond  with  sureties,  to  coiiectore's 

*-"  '  bond. 

the  amount  of  not  less  than  one  hundred  thousand  dollars, 
and  the  amount  of  his  bond  may  be  increased  to  such  sum 
as  may  be  fixed  by  the  common  council,  said  bond  to  be 
approved  by  the  common  council  and  filed  in  the  clerk's 
office  and  entered  on  record.  He  shall  also  be  sworn  the 
same  as  other  officers  to  the  faithful  discharge  of  the  duties 
of  his  office. 

Sec.  26.    If  the  collector  shall  receive  any  money  for  Liability  for 

•^  "^  eellingland 

taxes  or  assessments,  giving  a  receipt  therefor  for  any  land  ^^^^^d  ^''^^^ 

"  *^  ^  •'  have  been 

or  parcel  of  land,  and  afterwards  sell  the  same  at  any  sale  p^'^- 
for  taxes  or  assessments,  for  the  tax  or  assessment  which 
has  been  'so  paid  and  receipted  for  by  himself  or  his  assist- 
ant, he  and  his  bond  shall  be  liable  to  the  holder  of  the 
certificate  given  to  the  purchaser  at  the  sale,  for  double  the 
amount  of  the  face  of  the  certificate,  to  be  demanded  within 
three  years  from  the  date  of  sale,  and  recovered  in  any 
court  having  jurisdiction  of  the  amount ;  and  the  city  shall 
in  no  case  be  liable  to  the  holder  of  such  certificate. 

GENERAL  PROVISIONS. 

Sec.  27.  The  finance  committee  and  the  comptroller  shall,  Finance  com- 

^  mittee  to  ex- 

annually,  meet  in  the  month  of  April,  and  compare  all  such  ami  neaii  re- 
reports  and  statements  as  are  made  by  the  comptroller,  treas- 
urer and  collector,  and  report  thereon  to  the  common  council. 


48 


CITY    CHARTER. 


Finance  com- 
mittee to  de- 
cide contro- 
versies be- 
tween oflBcers 
of  treasury 
department. 


Assistants 
and  clerks. 


Other  duties 
may  be  re- 
quLt'ed. 


City  money 
not  to  be 
loaned  or 
used  by  re- 
ceiving offi- 
cers. 


Penalty  for 
embezzle- 
ment. 


Sec.  28.  In  the  adjiistment  of  the  accounts  of  the  treasurer 
and  collector  with  the  comptroller,  there  shall  be  an  appeal 
to  the  finance  committee,  whose  decision  in  all  matters  of 
controYersj  arising  between  said  oflficers  in  the  treasury 
department  shall  be  binding,  unless  the  common  council 
shall  otherwise  direct  and  provide. 

Sec.  29.  The  comptroller,  city  treasurer  and  city  collec- 
tor, shall  severally  appoint  such  various  assistants,  clerks 
and  subordinates,  in  their  respective  offices,  as  the  common 
council  may  authorize  ;  and  shall  be  held  severally  respon- 
sible for  the  fidelity  of  the  persons  so  appointed  by  them. 
Said  subordinates  shall  in  all  cases  be  sworn  to  the  faithful 
discharge  of  their  duties,  as  other  officers. 

Sec.  30.  The  said  comptroller,  collector  and  treasurer, 
shall  perform  such  other  duties,  and  be  subject  to  such  other 
rules  and  regulations,  as  the  common  council  may  from  time 
to  time  by  ordinance  provide  and  establish. 

Sec.  31.  The  treasurer  and  city  collector,  and  all  receiv- 
ers of  city  money,  are  hereby  required  to  keep  safely,  with- 
out loaning  or  using,  all  the  city  or  public  moneys  collected 
by  them,  or  otherwise  at  any  time  placed  in  their  custody  or 
disposal,  till  the  same  are  paid  over  or  directed  by  the  proper 
officer,  warrant,  law,  or  order  of  the  corporation,  to  be 
transferred  or  paid  out,  and  to  make  all  payments  and  trans- 
fers promptly  when  thereto  required  by  any  law  or  order  of 
said  corporation,  or  under  any  regulation  of  the  comptroller. 
And  if  any  one  of  said  officers,  or  of  those  connected  with 
them,  in  the  collection,  safe  keeping,  or  disbursing  of  said 
city  revenues,  shall  convert  to  his  or  their  own  use,  in  any 
way  whatever,  or  shall  use  by  way  of  investment  in  any 
kind  of  property  or  merchandise,  or  shall  loan,  with  or  with- 
out interest,  any  portion  of  said  city  moneys  entrusted  to 
him  or  them  for  safe  keeping,  disbursement,  payment,  trans- 
fer, or  for  any  other  purpose,  every  such  act  shall  be  deemed 
and  adjudged  to  be  an  embezzlement  of  so  much  of  the  said 
moneys  as  shall  be  thus  taken,  converted,  invested,  used  or 


THE  TREASURY  DEPARTMENT.  49 

loaned,  whicli  is  hereby  declared  a  felony,  and  any  officer  or 
agent  of  said  city,  and  all  persons  advising  or  participating 
in  such  act,  or  being  a  party  thereto,  shall,  upon  conviction 
before  any  court  of  competent  jurisdiction  in  this  state,  be 
sentenced  to  imprisonment  for  a  term  of  not  less  than  six 
months  nor  more  than  ten  years,  in  the  penitentiary  of  this 
state ;  and  also  be  fined  in  a  sum  equal  to  the  amount  of  the 
money  embezzled. 

Sec.  32.  All  returns  and  accounts  made  or  required  to  2Snt"'tffb'e 
be  rendered  under  this  act,  by  any  of  the  officers  in  said  Hl^^'^'^  '^'^' 
treasury  department,  shall  be  verified  by  the  oath  of  the 
person  rendering  it ;  in  which  said  oath  it  shall  be  declared 
that  said  statement  so  far  as  he  knows  or  has  reason  to 
believe,  is  a  fair,  accurate  and  full  statement  of  the  matters 
to  which  it  relates,  and  of  all  moneys  in  his  hands,  or  which 
he  or  any  one  for  him  has  received  since  his  last  official 
account  was  rendered ;  and  that  he  has  not  directly  or 
indirectly  used,  loaned,  invested  or  converted  to  his  own 
use,  or  suffered  any  one  to  use,  loan,  invest,  or  convert  to 
their  or  his  use,  any  of  the  public  moneys  receivable  or 
received  by  him,  or  subject  to  his  warrant  or  control ;  but  that 
he  has  acted  diligently  and  without  any  collusion  or  fraud  in 
the  collection  and  disbursement  of  the  public  moneys  of  said 
city,  and  that  he  hath  rendered  a  true  and  full  account 
thereof  in  his  said  statement ;  which  oath  shall  be  attached 
to  and  filed  with  said  accounts  in  the  proper  office  of  the 
comptroller  or  city  clerk,  as  the  case  may  be;  and  in  case 
the  said  statements,  or  any  of  them  shall  be  false,  the  said 
person  so  making  such  statement  shall  be  deemed  guilty  of 
wilful  and  corrupt  perjury,  and  shall  be  punished  ac- 
cordingly. 

Sec.  33.  All  appropriations  shall  be  based  upon  specific  Appropria- 
and  detailed  statements,  made  by  some  proper  head  of  a  ^^^  ^^^en  to 

'  ./  r      r  be  made. 

department  or  officer  of  the  city,  and  shall  be  made  within 
the  first  quarter  of  the  fiscal  year;  which  fiscal  year  shall  FLscaij-ear. 
be  held  to  commence  on  the  first  day  of  April  in  every  year. 
4 


50  CITY    CHAPTER. 


City  expen-        gcc.  34.  Neither  the  common  council,  nor  any  depart- 

ditures  limit-  ''  ^ 

^'^-  '  ment  or  officer  of  the  city  shall  add  to  the  city  expendi- 
tures, in  any  one  year,  anything  over  and  above  the  amount 
provided  for  in  the  annual  appropriation  bill  of  that  year, 
except  as  is  herein  otherwise  specially  provided ;  and  no 
expenditure  for  an  improvement  to  be  paid  for  out  of  the 
general  fund  of  said  city  shall  exceed  in  any  one  year  the 
amount  provided  for  such  improvement  in  the  annual  appro- 

speciai  ex-     priatiou  bill :  Provided^  however,  that  nothine  herein  con- 
ceptions.      ^  .  . 

tained  shall  prevent  the  common  council  from  ordering  any 
improvement,  the  necessity  of  which  is  caused  by  any  casu- 
alty or  accident  happening  after  such  annual  appropriation 
is  made.  The  common  council  may  order  the  mayor  and 
comptroller  to  borrow  a  sufficient  amount  to  provide  for  the 
expense  necessary  to  be  incurred  in  making  any  improve- 
ment, the  necessity  for  which  has  arisen  as  is  last  above 
mentioned,  for  a  space  of  time  not  exceeding  the  close  of 
the  next  municipal  year  ;  which  sum  and  the  interest  shall 
be  added  to  the  amount  authorized  to  be  raised  in  the  next 
general  tax  levy  and  embraced  therein.  Should  any  judg- 
ment be  obtained  against  the  city,  the  comptroller,  under 
the  sanction  of  the  mayor  and  committee  of  finance,  may 
borrow  a  sufficient  amount  to  pay  the  same,  for  a  space  of 
time  not  exceeding  the  close  of  the  next  municipal  year ; 
which  sum  and  interest  shall  in  like  manner  be  added  to  the 
amount  authorized  to  be  raised  in  the  general  tax  levy  of 
the  next  year  and  embraced  therein. 
Issue  of  Sec.  35.  The  city  comptroller  is  hereby  authorized,  under 

bonds  to  pro-  _  ./  r  j  ?     ^ 

vide  for  float-  the  sauctiou  of  tlic  mayor  and  committee  of  finance,  to  issue 

ing  debt.  '^  ' 

and  negotiate  the  bonds  of  said  city,  payable,  principal  and 
interest,  in  the  city  of  New  York,  and  bearing  interest 
payable  semi-annually  at  a  rate  not  exceeding  seven  per 
cent,  per  annum,  and  becoming  due  and  payable  on  the  first 
day  of  April,  1881,  to  an  amount  sufficient  to  satisfy  and 
retire  all  the  floating  debt  now  outstanding  against  said 
city,  and  which  has  not  been  heretofore  provided  for.     Said 


THE  TREASURY  DEPARTMENT.  51 

bonds  shall  be  in  the  ordinary  form  of  bonds  of  said  city, 
and  shall  be  issued  in  denominations  of  five  hundred  or  a 
thousand  dollars  each,  as  the  said  mayor  and  comptroller 
may  deem  proper ;  and  it  is  hereby  made  the  duty  of  the 
common  council,  at  tjie  time  of  levying  the  general  tax  in 
each  year,  to  provide  for  the  payment  of  the  interest  accru- 
ing on  the  whole  funded  debt  of  the  city,  which  is  not  oth- 
erwise provided  for,  in  addition  to  the  amount  which  they 
are  authorized  to  levy  for  other  purposes. 

Sec.  36.  In  addition  to  the  amount  of  bonds  herein  au-  Certain  other 

bonds  au- 
thorized to  be  issued,  the  common  council  may,  in  its  dis-  t'^*^"^'^'^- 

cretion,  provide  by  ordinance,  for  completing  the  issue  of 
the  bonds  of  teaid  city  to  an  amount  not  exceeding  one  hun- 
dred thousand  dollars,  authorized  by  the  sixty-sixth  section  ' 
of  the  act  amendatory  of  the  city  charter  approved  Febru- 
ary 18th,  18G1 :  Provided,  that  the  whole  amount  of  the 
bonds  heretofore  issued  pursuant  to  said  authority,  and  of 
the  bonds  hereafter  issued  by  virtue  of  this  section,  shall 
not  exceed  the  said  sum  of  one  hundred  thousand  dollars. 
The  proceeds  of  said  bonds,  when  sold,  may  be  used  in  pay- 
ing the  general  expenses  of  said  city,  and  in  payment  of 
the  expense,  either  in  whole  or  in  part,  of  such  permanent 
improvements,  chargeable  to  the  general  fund,  as  may  be 
ordered  by  the  common  council,  before  the  making  of  the 
next  annual  appropriation. 

Sec.  37.  The  common  council  may  also,  in  its  discretion.  P*^°'^*  ^^^ 

•^  '  "be  issued  to 

provide  by  ordinance  for  issuing  and  negotiating  the  bonds  ^0,"^^^ 'J 
of  said  city,  payable  principal  and  interest  in  New  York,  ^^*^^'^°- 
in  twenty  years  from  date,  and  bearing  interest  at  a  rate 
not  exceeding  seven  per  cent,  per  annum,  payable  semi- 
annually, to  an  amount  not  exceeding  one  hundi-ed  thousand 
dollars,  for  the  purpose  of  purchasing  grounds,  either  within 
or  without  the  corporate  limits  of  said  city,  iMid  erectinor 
the  necessary  buildings  thereon,  for  a  city  bridewell  or  house 
of  correction.  Such  bonds  shall  be  in  the  ordinary  form  of 
bonds  of  said  city,  and  shall  be  issued  in  denominations  of 


52  CITY    CHARTER. 


New  bonds 
may  be  issued 
to  satisfy  old. 


Register  of 
bonds  to  be 


five  hundred  or  one  thousand  dollars  each,  as  the  mayor  and 
comptroller  may  deem  for  the  best  interest  of  said  city. 

Sec.  38.  Whenever  any  of  the  bonds  of  the  city,  which 
may  have  been  heretofore  or  may  hereafter  be  lawfully 
issued,  shall  become  due,  the  common  council  may  author- 
ize the  mayor  and  comptroller  to  issue  new  bonds  to  an 
amount  sufficient  to  retire  and  satisfy  the  same,  running 
either  ten  or  twenty  years,  bearing  interest  at  a  rate  not 
exceeding  seven  per  cent,  per  annum,  payable  semi-annual- 
ly, and  payable,  principal  and  interest,  in  the  city  of  New 
York. 

Sec.  39.  The  comptroller  shall  keep  in  his  office,  in  a 
comptroller,   book  or  books  kept  separately  for  this  purpose,  a  correct 
'  list  of  all  the  outstanding  bonds  of  the  city,  showing  the 
number  and  amount  of  each,  and  when   and  to  whom  the 
same  were  issued;  and  when   any  of    said  bonds  are  pur- 
chased or  paid  and  canceled,  said  book  or  books  shall  show 
pai?to^be^ '^''  ^^^  same.     In  his  annual  report  the  comptroller  shall  de- 
anSf  re°    scribo  particularly  the  bonds  sold  during  the  year,  and  the 
^^^ '  terms  of  the  sale,  with  each  and  every  item  of  the  expense 

thereof.     He  shall  also  describe  the  bonds  paid  or  purchased 
in  order  to  be  canceled,  the  person  of  whom  purchased,  and 
the  amount  paid,  with  each  and  every  item  of  the  expense 
thereof. 
^^Ffi^lJ^""        Sec.  40.  In  case  there  shall  not  be  money  enous-h  in  the 

Vision  re-  tJ  o 

terest°on^°"  trcasury,  applicable  thereto,  to  pay  any  semi-annual  instal- 
ment of  interest  on  the  funded  debt  of  the  city,  the  comp- 
troller shall  present  a  statement,  under  oath,  to  the  finance 
committee,  of  the  amount  of  the  d.eficiency,  which  shall  be 
afterwards  filed  with  the  city  clerk ;  and  it  shall  then  be 
lawful  for  the  mayor  and  comptroller,  under  the  sanction  of 
said  committee,  to  issue  and  negotiate  drafts  upon  the  treas- 
urer payable-  out  of  the  first  moneys  that  may  come  into  the 
treasury  applicable  to  the  payment  of  said  interest,  to  an 
amount  sufficient  to  supply  said  deficiency.  Said  drafts 
shall  not  have  more  tlian  ninety  days  to  run  ;  but  they  may 


funded  debt. 


THE  TREASURY  DEPARTMENT.  53 

be  renewed,  if  necessary,  ninety  days  successively,  until 
there  shall  be  revenue  enough  received  into  the  treasury  to 
pay  the  same. 

Sec.  41.  In  case  of  a  deficiency  in  any  fund  to  meet  any  Authority  to 

•^  *'  "^     borrow  from 

demand  upon  it,  the  comptroller  may,  with  the  sanction  of  ^"^'Jj^  *" 
the  mayor  and  finance  committee,  use  to  meet  such  demand,  anothe"^*^" 
any  moneys  standing  to  the  credit  of  any  other  fund,  either 
general  or  special,  except  the  water  fund,  the  school-tax 
fund,  and  special  assessment  funds :  Provided,  the  consent  ^'''o^iso. 
of  the  officer  or  department  more  particularly  charged  with 
the  disbursement  of  the  fund  so  used,  shall  be  first  had 
and  obtained  thereto.     A  correct  account  of  all  moneys  so 
transferred  shall  be  kept  by  the  comptroller,  and  said  mon- 
eys shall  be  replaced  by  him,  within  not  to  exceed  three 
months,  out  of  the  revenue  subsequently  received  into  the 
treasury  to  the  credit  of  the  fund  thus  supplied.     No  mon- 
eys shall  be  so  used  or  transferred,  unless  adequate  provision 
has  been  made  which  will  permit  their  reimbursement  within 
said  period. 

Sec.  42.  No  bonds  or  other  evidences  of  debt  shall  be  J-^^^f  of 

bonds  re- 
issued by  the  city,  except  as  is  in  this  act  provided.  stricte-d. 

Sec.  43.  No  contracts  shall  be  hereafter  made  by  the  Special  pre- 

•^  vision  as  to 

common  council,  or  any  committee  or  member  thereof,  and  contracts,  i-c. 
no  expense  shall  be  incurred  by  any  of  the  officers  or  de- 
partments of  said  city  government,  whether  the  object  of 
expenditure  shall  have  been  ordered  by  the  common  council 
or  not,  unless  an  appropriation  shall  have  been  previously 
made  concerning  such  expense.  And  no  member  of  the 
common  council,  head  of  a  department,  clerk,  city  officer, 
assistant  or  employee  in  any  department  of  said  city,  shall 
be  directly  or  indirectly  interested  in  any  contract,  work 
or  business,  or  the  sale  of  any  article,  the  expense,  price 
or  consideration  of  which  is  paid  from  the  city  treasury, 
under  the  penalty  of  his  immediate  removal  from  office. 

Sec.  44.  The  common  council  may  hereafter,  in  their  ^'^^y  -aJ'tor. 
discretion,  provide  for  the  appointment  of  a  city  auditor,  to 


54  CITY    CHARTER. 


hold  liis  office  for  two  years  and  until  the  appointment  and 
qualification  of  his  successor,  whose  duty  it  shall  be  to  ex- 
amine personally  and  certify  to  the  correctness  or  incor- 
rectness of  all  the  accounts  rendered  for  any  money  which 
may  be  collected  or  disbursed  by  any  of  the  departments  or 
officers  of  said  city.  The  said  common  council  may  by  or- 
dinance prescribe  his  qualifications  and  more  particularly 
define  his  duties ;  and  he  shall  be  removable  from  office  at 
any  time  by  the  mayor  with  the  concurrence  of  the  com- 
mon council. 


THE  BOARD  OF  PUBLIC  WORKS. 


55 


CHAPTEH   YI. 


THE  BOARD   OF  PUBLIC  WORKS. 


Section-. 

1.  ]Ji).ir<l  of  i)ublic  works, how  constituted. 

2.  Salary  <'f  coinniiHsioncrs;  bornl. 

3.  I'ri'siiU-nt  lunl  trt'jisiiror;  hy-lawri. 

4.  Sfcrftary  nf  tlie  liuanl;  citj-  engineer. 

5.  Dutit'8  of  city  eii^int>er. 

6.  PowtT  to  lici-nse  land  Hurvcyors. 

7.  Plats  of  sutKlivisious  to  be  approved  by 

till-  board. 

8.  Board   authorized  to    employ  superin- 

tviuk'nts,  surveyors  and  other  subor- 
diiiatfs. 

9.  Office  and  other  expenses,  how  paid. 

10.  A  majoritj'  of  the  board  necessary  for  a 

quorum;  record    of  proceedings:  an- 
nual rejiort :  power  to  administer  oaths. 

11.  General  duties  of  the  board. 

12.  Control  over  streets  and  alleys. 

13.  Permits  for  erection  of  wtwden  buildings 

within  fire  limits:  fees  for  permits. 

14.  Board  to  act  -as  commissioners  to  make 

special  assessments. 

15.  Board  to  advertise  for  proposals  for  all 

work  to  be  done  by  city;  bidders  to 
furnish  bonds. 

16.  Contracts  to  be  let  to  lowest  reliable 

bidder. 

17.  Reservations  to  be  inserted  in  all  con- 

tracts: estimates  to  be  issued  to  contrac- 
tors; liability  of  city  to  contractors. 


Section. 

18.  Board  authorized  in  certain  cases  to  em- 

I>loy  workmen  to  perform  or  complete 
any  i)ublic  work. 

19.  Materials,  how  purchased. 

20.  Advertising  for  bids  may  be  dispensed 

with  in  certain  cases. 

21.  Bonds  and  contracts  to  be  made  in  the 

name  of  the  city. 

22.  Commissioners  forbidden  to  be  interest- 

ed in  contracts. 

23.  Board  to  have  exclusive  charge  of  water 

and  sewerage  works. 

24.  Former  contracts  concerning  water  and 

sewerage  works  to  be  completed  by 
the  lK)ard  ;  special  provision  relating 
to  new  contracts. 

25.  Annual  estimate  to  be  furnished  by  the 

board  of  sums  required  for  repairs 
and  improvements;  moneys  raised  fur 
said  board,  how  disbursed. 

26.  Oath  of  office :  special  requirement. 

27.  Members  prohibited  from  deriving  any 

profit  from  deposit  of  public  moneys ; 
■   custody  of  city  funds ;  penalty  for  em- 
bezzlement. 

28.  Accimnts  to  be  kejit  of  receipts  and  ex- 

penditures. 


Section  1.  There  is  hereby  established  an  executive  de-  ccSitu:?! 
partment  of  the  municipal  government  of  said  city  to  be 
known  as  the  "Board  of  Public  Works,"  to  consist  of  the 
mayor,  who  shall  be  a  member  of  the  board  ex-offieio,  and 
three  commissioners,  to  be  chosen  in  the  manner  herein  be- 
fore prescribed. 

Sec.  2.  Said  commissioners  shall  each  receive  an  annual  ^'^^^'■•^• 
salary  of  twenty-five  hundred  dollars,  and  shall  each,  before 
entering  upon  the  discharge  of  his  duties,  give  bond  to  the  ^°^^- 
city  in  the  sum  of  one  hundred  thousand  dollars,  with  sure- 
ties to  the  satisfaction  of  the  common  council,  which  bond 
shall  be  conditioned  for  the  fiiithful  discharge  of  his  duties 
as  such  commissioner;  and  that  he  will  well  and  truly  pay 
over  any  and  all  moneys,  and  surrender  any  and  all  property, 
books  and  papers  which  may  come  into  his  hands  as  such 


56  CITY    CHARTER. 


President 
and  treasu- 
rer. 


commissioner,  on  the  expiratic^n  of  his  term  of   office,  or 
when  required  to  do  so  by  the  common  council. 

Sec.  3.  Said  board  shall  elect  from  their  number  a  presi- 
dent and  a  treasurer,  who  shall  hold  their  offices  for  the  term 
of  one  year,  and  until  their  successors  are  elected  and  qual- 

By-iaw3.  ified,  and  they  shall  establish  by-laws  for  the  regulation  and 
conduct  of  their  officers  and  employees. 

Secretary.  gj;c,  4,   gald  board  shall  appoint  a  secretary,  and  some 

competent  and  scientific  person  as  civil  engineer  to  said 

neS.^°°^'  board,  who  shall  be  styled  the  city  engineer.  The  officers 
so  appointed  shall  be  removable  at  any  time,  at  the  pleasure 
of  the  board  of  public  works. 

Duties  of  city       Sec.  5.  It  sliall  be  the  duty  of  the  city  engineer  to  per- 

engineer.  _     _  _  ^''  i/  o  j. 

form  all  the  civil  engineering  required  by  the  board  of 
public  works  in  the  prosecution  of  all  public  improvements 
committed  •  to  their  charge,  and  to  do  such  other  surveying 
as  may  be  directed  by  the  board  or  by  the  common  council. 
He  shall  receive  for  his  services  such  annual  salary  as  the 
common  council  shall  direct;  and  shall  devote  his  whole 
time  to  the  duties  of  his  office.  He  shall  possess  the  same 
powers  in  making  surveys  and  plats,  within  the  city,  as  is 
given  by  law  to  county  surveyors,  and  the  like  effect  and 
validity  shall  be  given  to  his  acts,  and  to  all  plats  and  sur- 
veys made  by  such  engineer,  as  are  or  may  be  given  by  law 
to  the  acts,  plats,  and  surveys  of  county  surveyors. 
Power  to  li-      Sec.  6.  The  said  board  of  public  works  shall  have  power, 

cense  land  i  r  7 

surveyors,  upon  application  being  made  to  them  by  any  citizen,  of 
whose  character  and  qualifications  satisfactory  evidence 
shall  be  produced,  to  give  such  applicant  a  license,  under 
the  corporate  seal,  to  act  for  two  years  as  a  land  surveyor 
in  said  city,  and  for  each  license  so  granted  said  board  shall 
require  a  fee  of  ten  dollars  to  be  paid  into  the  city  treasury. 

Oath  of  sur-  Survcyors  so  licensed  shall  take  the  same  oath  required  by 
law  to  be  taken  by  the  county  surveyor,  and  shall  give  bond 
to  the  city  of  Chicago,  with  two  sufficient  sureties,  to  be 
approved  by  said  board,  in  the  penal  sum  of  twenty-five 


veyors. 


THE  BOARD  OF  PUBLIC  WORKS.  57 

hundred  dollars,  conditioned  for  the  fuithful  performance 
of  the  duties  of  a  land  surveyor,  and  the  payment  of  all 
damages  that  may  be  sustained  by  any  individual  for  whom 
such  services  may  be  rendered,  in  consequence  of  the  care- 
lessness, misconduct  or  incompetency  of  such  surveyor. 
Said  bond  shall  be  filed  in  the  oflfice  of  said  board,  and  suits 
may  be  brought  and  recovery  had  thereon  in  the  name  of 
said  city,  by  any  party  who  may  have  sustained  damages 
as  above  mentioned ;  but  said  city  shall  in  no  case  be  held 
liable  for  the  costs  of  such  action,  nor  for  any  delinquency, 
fault  or  misconduct  of  such  surveyor.     The  license  to  be  i-'censetobe 

•/  recorded. 

granted  as  above  provided,  with  a  certificate  of  the  afore- 
said oath  sul)joined  thereto,  shall  be  recorded  in  the  ofiice 
of  the  recorder  of  Cook  county ;  and  then,  and  not  before, 
the  person  so  licensed  shall  have  full  j^ower  and  authority, 
for  the  term  of  two  years  from  the  date  of  such  license,  to 
make  surveys  within  the  city  limits,  and  the  like  effect  and 
v{\lidity  shall  be  given  to  his  acts,  and  to  all  plats  and  sur- 
veys made  by  him  as  are  or  may  be  given  by  law  to  the 
acts,  plats  and  surveys  of  county  surveyors  :  provided^  that 
the  surveyors  so  licensed  shall  be  governed  by  such  laws  of 
the  state  of  Illinois,  and  such  ordinances  of  the  city  of 
Chicago  prescribing  the  mode  of  surveying,  as  are  now  or 
may  hereafter  be  in  force ;  and  provided  further,  that  the 
said  board  of  public  works  shall  have  power  to  revoke  any  Revocationof 

•^  J.  »/    license. 

license  granted  under  the  provisions  of  this  section,  upon 
satisfactory  evidence  being  presented  to  them  of  the  incom- 
petency or  official  misconduct  of  the  person  so  licensed. 

Sec.  7.  In  all  cases  where  lands  in  said  city  are  hereafter  ?.''^.*^.°'"  ^"'"^ 

J  divigions     to 

sub-divided  and  laid  out  into  blocks  or  lots,  sub-lots,  streets  J^  SxZvt 
and  alleys,  or  new  streets  or  public  grounds  are  donated  or 
granted  to  the  public  by  any  proprietor,  in  order  to  secure 
a  uniform  plan  in  the  laying  out  of  such  streets  and  alleys, 
the  map  or  plat  thereof  shall  be  submitted  to  the  board  of 
public  works  for  their  approval.  If  they  approve  the  same 
they  shall  certify  upon  it  their  approval ;  and  no  such  map 


58  CITY  CHARTER. 


or  plat  shall  be  entitled  to  record  or  have  any  validity  until 
so  approved  by  said  board, 
superin-  gjjc,  g,  ^}iq  board  of  public  works  is  authorized  to  em- 

tendents,  ^ 

ckrkT&c'  V^^J^  from  time  to  time,  such  superintendents,  surveyors, 
clerks,  assistants  and  workmen,  in  the  discharge  of  their 
duties,  as  they  may  deem  necessary,  subject,  however,  to 
such  regulations  respecting  the  number  of  agents  regularly 
or  permanently  employed,  and  their  compensation  and  duties, 
as  the  common  council  may  prescribe  by  ordinance. 

sS*^lc!^^^°"  ^^^'  ^'  T^®  office  expenses,  and  the  expenses  for  clerks, 
engineers  and  assistants,  and  the  salaries  of  said  commis- 
sioners of  the  board  of  public  works  and  their  officers  shall 
be  a  charge,  and  shall  be  paid  share  and  share  alike,  out  of 
the  funds  pertaining  to  the  general  fund  of  said  city,  and 
the  funds  pertaining  to  the  water  and  sewerage  works  of 
said  city ;  each  of  said  funds  to  bear  one-third  of  said 
expense. 

Quorum.  gj,^^  -^Q    j^  majority  of  said  board  shall  constitute  a  quo- 

,  ^      rum  to  do  business ;  they  shall  keep  a  record  of  all  their 

Record  of  '  ,/  r 

proceedings,  ^g^^g  ^j^j  doiugs,  and  shall  keep  and  preserve  copies  of  all 
contracts,  estimates,  receipts,  plans,  profiles,  and  the  papers 
of  the  board:   and  shall  report  their  acts  and  doings  in 

ton^^^  ^^  detail  to  the  common  council,  on  or  before  the  tenth  day  of 
April  in  each  year,  and  oftener  when  required  so  to  do  by 

mMste?**^"  the  common  council.     Each  of   said  commissioners  shall 

oaths.  have  power  to  administer  any  oath  authorized  to  be  taken 

by  the  laws  of  this  state. 

Sec.  11 .  It  shall  be  the  duty  of  said  board  to  take  the 
sp( 

ild- 

r     or( 
meats,  &c.     couucil,  of  all  strccts,  alleys,  lanes  or  highways  in  said  city, 


Board  to  take 
special 


of  stfe^ets,      special  charge  and  superintendence,  subject  to  such  general 
f"gs,'river  '  ordinauccs  as  may  be  lawfully  established  by  the  common 


and  of  all  walks  and  cross-walks  in  the  same,  and  of  all 
bridges,  docks,  wharves,  public  places,  public  landings, 
public  grounds  and  parks  in  said  city,  and  of  all  markets, 
market-places  and  market-houses,  engine  houses,  hospitals, 
armories  and  all  other  public  buildings  in  said  city,  belong- 


THE  BOARD  OF  PUBLIC  WORKS.  59 

ing  to  the  city,  except  school-houses,  and  of  the  erection  of 
all  public  buildings,  of  all  lamps  and  lights  for  the  lighting 
of  the  streets,  alleys,  lanes,  highways,  bridges,  parks,  public 
places  and  public  buildings  of  the  city,  and  of  the  erection 
and  repair  of  such  lamps  and  lights,  of  all  works  for  the 
widening,  deepening  or  dredging  of  the  Chicago  river,  or 
either  of  its  branches ;  of  all  sewers  and  the  works  pertain- 
ing thereto ;  of  the  water  works  of  said  city ;  of  all  public 
improvements  hereafter  to  be  commenced  by  said  city,  and 
they  shall  perform  all  the  duties  by  this  act  prescribed,  and 
such  other  duties  as  the  common  council  may  prescribe  by 
ordinance. 

Sec.  12.  The  said  board  shall  have  the  exclusive  privilege  Permits  for 

■■•  <-•      moving  ana 

to  grant  permits,  according  to  the  ordinances  of  the  city,  [n'!i"|c^"'^'^" 
for  the  moving  of  houses  through  the  streets  of  the  city, 
and  the  raising  of  buildings  and  sidewalks,  and  to  regulate 
the  building  or  placing  of  vaults  under  the  streets,  alleys, 
and  sidewalks,  and  require  such  compensation  for  the 
privilege  as  they  shall  deem  reasonable  and  just,  subject  to 
the  approval  of  the  common  council ;  also  to  regulate  all 
open  spaces  for  basement  stories,  and  the  use  of  the  public 
streets  in  any  legal  and  proper  manner,  except  for  railroad 
tracks ;  and  no  building  material  or  obstruction  of  any  kind 
shall  be  placed  in  the  public  streets,  alleys,  or  on  the  public 
grounds,  without  the  written  permit  of  said  board.  Said 
board  shall  have  full  power  to  regulate  and  control  the 
manner  of  using  the  streets,  alleys,  highways  and  public  S^J^^'a^J 
places  of  the  city,  for  the  laying  down  of  gas  or  water  pipes  J^!^^  ^'^^*' 
and  sewers  and  determine  the  location  thereof,  and  to  cause 
the  prompt  repair  of  the  streets,  alleys,  highways  and  public 
places  whenever  the  same  may  be  taken  up  or  altered ;  and 
they  are  hereby  authorized  and  empowered  to  charge  and 
collect  by  suit  or  otherwise,  in  the  name  of  the  city  of 
Chicago,  the  expense  of  such  repairs  to  and  from  the  person 
or  persons  by  whom  such  street,  alley,  highway  or  public 
ground  may  have  been  taken  up  or  altered. 


60  CITY    CHARTER. 


Wooden' 

buildings  Sec.  13.  The  said  board  shall  have  the  exclusive  privilege 

within  fire  ■*■  *-' 

limits.  Qf  granting  permits  for  the  erection  of  wooden  buildings 

within  the  fire  limits  of  said  city,  subject  to  such  general 
regulations  as  the  common  council  may  by  ordinance  pre- 

Fee  for  per-  scribc ',  and  for  all  permits  of  every  kind  which  said  board 

mits.  '  ^  *' 

is  authorized  to  grant,  it  may  make  such  reasonable  charge 
as  it  may  deem  proper,  or  as  the  common  council  may  by 
ordinance  direct. 
Commission-       g^c.  14.  The  commissioncrs  of  the  board  of  public  works, 

ers  of  special  ^  ' 

assessments,  ^f^\^  the  cxccption  of  the  mayor,  shall  in  all  cases,  except 
as  is  in  this  act  otherwise  provided,  act  as  commissioners  to 
make  special  assessments,  whenever  the  same  may  be 
ordered ;  for  the  making  of  which  assessments  they  shall 
receive  no  fees. 

?erTife*for^'      ^EC.  15.    Whcnevcr  any  public   improvement   shall   be 

domg^pubiic  Ordered  by  the  common  council  of  said  city,  and  the  assess- 
ment for  the  same  (where  the  same  is  to  be  paid  for  by 
special  assessment,)  shall  have  been  confirmed,  and  one-half 
of  such  special  assessment  shall  have  been  paid  into  the  city 
treasury,  the  said  board  of  public  works  shall  advertise  for 
proposals  for  doing  said  work  ;  a  plan  or  profile  of  the  work 
to  be  done,  accompanied  with  specifications  for  the  doing  of 
the  same,  being  first  placed  on  file  in  the  office  of  said  board; 
which  said  plan,  profile  and  specifications  shall  at  all  times 
be  open  for  public  inspection  ;  which  advertisement  shall  be 
continued  for  at  least  ten  days  in  the  corporation  newspaper, 

^^^'  and  shall  state  the  work  tcr  be  done.     The  bids  for  the 

doing  of  such  work  shall  be  sealed  bids,  directed  to  said 
board,  and  shall  be  accompanied  with  a  bond  to  the  city  in 
the  sum  of  two  hundred  dollars,  signed  by  the  bidder  and 
two  responsible  sureties,  conditioned  that  he  shall  execute 
the  work  for  the  price  mentioned  in  his  bid,  and  according 
to  the  plans  and  specifications,  in  case  the  contract  shall  be 
awarded  to  him ;  and  in  case  of  default  on  his  part  to 
execute  a  contract  and  perform  the  work,  said  bond  may  be 
sued  and  judgment  recovered  tliereon  by  the  city  for  the 


THE  BOARD  OF  PUBLIC  WORKS.  61 

full  amoimt  tliercof,  in  any  court  having  jurisdiction  of  the 
amount.  Said  bids  shall  be  opened  at  the  hour  and  place 
mentioned  in  said  notice.  When  the  expense  of  any  "vvork 
or  public  improvement  shall  exceed  the  sum  of  five  hundred 
dollars,  and  the  same  is  to  be  paid  out  of  the  general  fund, 
or  the  water  or  sewerage  fund  of  said  city,  the  doing  of  such 
work  shall  be  let  by  contract,  in  the  same  maimer  as  is 
provided  in  cases  where  the  expense  of  the  same  is  to  be 
paid  for  by  special  assessment. 

Sec.  16.  All  contracts  shall  be  awarded  by  said  board  to  be"STd'iow- 
tlie  lowest  reliable  and  responsible  bidder  or  bidders,  who  bidder!*^''^^ 
shall  have  complied  with  the  above  requisition  and  who  will 
sufficiently  guarantee,  to  the  satisfaction  of  said  board,  the 
performance  of  said  work,  under  the  superintendence  and  to 
the  satisfaction  of  said  board ;  provided  that  the  contract 
price  does  not  exceed  the  estimate,  or  such  other  sum  as 
shall  be  satisfactory  to  said  board ;  copies  of  which  contracts 
shall  be  filed  in  the  office  of  the  comptroller  of  said  city. 

Sec.  17.  The  board  of  public  works  shall  reserve  the  Reservations 
right,  in  their  said  contracts,  to  finally  decide  all  questions  SconSts!* 
arising  as  to  the  proper  performance  of  said  work ;  and  in 
case  of  improper  construction,  to  suspend  said  work  at  any 
time,  and  re-let  the  same ;  or  to  order  the  entire  re-construc- 
tion of  said  work,  if  improperly  done ;  or  re-let  the  same 
to  some  more  capable  and  faithful  contractor  or  contractors, 
with  power  hereby  given  to  said  board  to  adjust  the  differ- 
ence of  damages  or  price,  (if  any  there  be),  which  the  con- 
tractor or  contractors  failing  to  properly  construct  such 
work,  in  such  cases  of  default,  should,  in  their  opinion,  pay 
to  the  city,  according  to  the  just  and  reasonable  interpreta- 
tion of  such  contract ;  which  difference  or  balance  shall  be 
recoverable  at  law  in  the  name  of  said  city,  before  any  court 
having  competent  jurisdiction  thereof,  against  such  contrac- 
tor or  contractors.     In  all  cases  where  the  contractor  or  T:s=tiniate8  to 

1)0  issued  to 

contractors  shall  proceed  to  properly  perform  and  complete  contractors. 
their  said  contracts,  the  said  board  may,  in  their  discretion, 


62  CITY    CHARTER. 


from  time  to  time  as  the  work  progresses,  grant  to  said  con- 
tractor or  contractors  an  estimate  of  the  amount  ah^eady 
earned,  reserving  fifteen  per  cent,  therefrom,  which  shall 
entitle  the  holder  or  holders  to  receive  the  amount  that  may 
be  due  thereon  when  the  money  applicable  to  the  payment 
of  such  work  shall  have  been  collected,  and  the  conditions 
annexed  to  said  estimate,  if  any,  shall  have  been  satisfied. 
Liability  of    Auv  pcrsous  takins;  any  contracts  with  the  city,  and  who 

city  to  con-  "^    -■■  o         »/  ./  7 

tractors.  agrcc  to  bc  paid  from  special  assessments  shall  have  no  claim 
or  lien  upon  the  city  in  any  event,  except  from  the  collec- 
tions of  the  special  assessments  made  for  the  work  contracted 
for ;  and  no  work  to  be  paid  for  by  a  special  assessment, 
shall  be  let  except  to  a  contractor  or  contractors  who  will 
so  agree. 

Board  to  em-      Sec.  18.    In  casc  tlic  prosccution  of  any  public  work 

ploy  work-  ^  e/     1 

men  to  com-  gliQuld  bc  suspcudcd  iu  conseQuencc  of  the  default  of  any 

plete  an  im-  r  1  j 

cSncSi^  contractor,  or  in  case  the  bids  for  doing  any  such  work 
should  be  deemed  excessive,  or  the  persons  making  proposals 
not  responsible  or  proper  persons  to  be  entrusted  with  its 
performance,  the  board  of  public  works  may,  with  the 
written  approval  of  the  comptroller,  where  the  urgency  of 
the  case  and  the  interests  of  the  city  require,  employ  work- 
men to  perform  or  complete  any  improvement  ordered  by 
the  common  council :  i^rovided^  that  the  cost  and  expense 
thereof  shall  in  no  case  exceed  the  amount  assessed  or  sum 
appropriated  for  completing  the  same. 

Materials,  gEc.  19.  All  supplics  of  materials,  or  necessaries  of  any 

now  pur-  -"^  ^  '  'J 

chased.  kind,  exceeding  in  amount  the  sum  of  five  hundred  dollars, 
shall  be  purchased  by  said  board  of  public  works,  when 
practicable,  by  contract  with  the  lowest  responsible  bidder, 
as  is  provided  for  the  making  of  contracts  for  the  doing  of 
work. 

Advertising        Sec.  20.  Whenever  the  said  board  of  public  works  shall 

for  bids  dis-  r»     i  • 

pensed  with  dccm  it  ncccssary  for  the  interests  of  the  city,  and  to  protect 

in  certain  ''  ./  y  x 

cases.  ^i-^Q  same  from  great  loss  and  damage,  they  shall  report  to  the 

common  council  such  necessity,  and  the  reason  for  the  same, 


THE  BOARD  OF  PUBLIC  WORKS.  63 

asking  from  the  council  the  power  to  enter  into  a  contract 
(specifying  such  contract)  without  giving  the  notice  in  this 
act  required  to  be  given  before  letting  a  contract ;  and  the 
common  council,  on  being  satisfied  of  such  necessity,  may, 
by  resolution,  grant  such  power :  provided^  three-fourths 
of  all  the  aldermen  elected  shall  vote  in  favor  of  such 
resolution. 

Sec.  21.  All  contracts  entered  into  by  said   board  of  a.ntracts  to 
public  works,  and  all  bonds  taken  by  them  shall  be  entered  name  of  city. 
into  in  the  name  of,  and  be  made  to,  the  city  of  Chicago. 

Sec.  22.  No  member  of  the  board  of  public  works,  nor  Commission- 

^  '  ers  not  to  be 

officer  or  clerk  in  their  employ,  shall  be  interested,  directly  contr2tt^&^. 
or  indirectly,  in  any  contract  made  and  entered  into  by  said 
board  of  public  works,  for  any  work  or  for  any  materials  to 
be  furnished  therefor ;  and  all  contracts  made  with  said 
board  in  which  any  member  or  officer  of  said  board  shall  be 
so  interested,  shall,  at  the  option  of  the  city,  be  declared 
utterly  void  and  of  no  binding  effect  whatever ;  and  any 
member  or  officer  of  said  board  interested  in  any  contract 
shall  thereby  forfeit  his  office,  and  be  removed  therefrom  on 
proof  of  such  delinquency ;  and  it  is  hereby  made  the  duty 
of  each  member  of  said  board  of  public  works,  and  of  the 
mayor,  and  of  every  officer  of  said  city,  to  report  to  the 
common  council  any  such  delinquency 'when  discovered. 

Sec.  23.  The  board  of  public  works  shall  have  the  exclu-  Board  to  have 

exclusive 

sive  charore  and  superintendence  of  the  sewerage  and  water  charge  of 

'^  >■  o  Mater  and 

works  of  said  city,  and  shall  receive  and  collect  all  water  ^^^T^® 
rents,  water  taxes  or  assessments,  and  sewerage  permits  and 
licenses ;  and  they  shall  report  to  the  city  treasurer  once  in 
each  week  all  moneys  so  received  by  them,  and  at  the  same 
time  pay  over  to  said  city  treasurer  all  such  moneys,  with  a 
statement  of  the  same ;  to  which  account  the  same  belong, 
and  shall  receive  his  receipt  for  all  moneys  so  paid  over. 

Sec.  24.  All  bonds,  contracts,  afrreements  or  obliirations,  ^   »    .  , 

'  '      c  c  J  Contracts  for 

of  what  kind  or  nature  soever,  heretofore  executed  by  the  ^'^^^''^nd 

'  •/  sewerage 

board  of  sewerage  commissioners,  or  water  commissioners,  ^'^"^^^^ 


64  CITY    CHARTER. 


shall  be  carried  out  and  completed  by  said  board  of  public 
works.  All  contracts  entered  into  by  said  board  on  account 
of  tlie  sewerage  or  water  works  of  said  city,  shall  specify 
that  they  are  for  such  works,  and  are  to  be  paid  out  of  the 
funds  pertaining  to  such  works. 
Anmmi  esti-       gEC.  25.  The  board  of  public  works  shall,  on  or  before 

mate  of  sums  -"^  ' 

remS'^&c."^  tlic  first  day  of  May  in  each  year,  submit  a  statement  to  the 
comptroller,  to  be  by  him  laid  before  the  common  council, 
with  his  annual  estimate,  of  the  repairs  and  improvements 
to  be  paid  for  out  of  the  general  fund  of  the  city,  and  neces- 
sary to  be  undertaken  by  said  city  during  the  current  year, 
and  of  the  sums  by  said  board  of  public  works  required  to 
make  such  re23airs  and  improvements,  as  near  as  the  same 
can  be  estimated,  which  report  shall  be  in  detail,  and  such 
estimate  having  been  revised  by  the  common  council,  the 
aggregate  amount  of  the  sums  required  after  such  revision 
shall  be  provided  for  in  the  general  tax  levy  to  be  laid  on 

Mode  of  dis-  Said  city.     All  moneys  hereafter  to  be  paid  to  any  person 

bm-sement.  _    ,  •       i  i  •  i 

or  persons  out  oi  the  moneys  so  raised  and  appropriated,  or 
out  of  the  sewerage  or  water  funds,  or  any  special  assess- 
ment fund,  shall  be  certified  by  the  president  of  the  board 
of  public  works,  or  in  his  absence  by  the  acting  president 
of  said  board,  to  the  comptroller,  who  shall  draw  his  warrant 
on  the  treasurer  therefor,  stating  therein  the  particular  fund 
to  which  the  same  is  chargeable,  and  the  person  to  whom 
payable ;  and  such  warrant  shall  be  countersigned  by  the 
president,  or  in  his  absence  by  the  acting  president,  of  the 
board  of  public  works  and  the  mayor. 

Oath  of  office.  §^0.  26.  The  commissioners  of  the  board  of  public  works 
shall  be  sworn  the  same  as  other  ofiicers  to  the  faithful  dis- 
charge of  the  duties  of  their  office  ;  and  no  person  hereafter 

Special  re-  clccted  sliall  act  as  a  commissioner  of  said  board  until,  in  addi- 
tion to  the  oath  required  of  all  city  officers,  he  shall  swear  that 
he  is  then,  and  for  the  year  immediately  preceding  has  been, 
a  resident  freeholder  in  the  division  of  the  city  from  which  he 
was  elected,  which  oath  shall  be  filed  in  the  clerk's  office. 


quirement. 


THE  BOARD  OF  PUBLIC  WORKS.  65 

Sec.  27.  No  member  or  officer  of  said  board,  or  other  pSibited 
officer  of  said  city,  and  no  member  of  the  common  council,  iI,K°Vrofir 

-,-.,  ,.  ,  .T  1  •  'x  J.  from  public 

shall  either  dn'ectly  or  indirectly  receive  any  interest  or  funds, 
profit  whatever  on  account  of  the  deposit  of  any  of  the  funds 
belonging  to  the  city ;  nor  shall  any  member  or  officer  of 
said  board,  or  officer  of  said  city,  or  any  member  of  the 
common  council,  either  directly  or  indirectly,  make  use  of 
or  borrow  any  of  said  funds  for  his  own  private  benefit  or 
advantage.  The  funds  of  said  city  in  the  hands  of  said 
board  shall,  until  deposited  with  the  treasurer  of  said  city,  c^f^undl. 
as  herein  before  provided,  be  kept  in  such  place  or  places 
of  deposit  as  shall,  by  an  order  of  said  board,  be  directed, 
which  order  shall  be  entered  upon  the  records  of  the  said 
board :  if  either  of  the  members  or  any  of  the  officers  of  SeS-"^ 
said  board  shall,  either  directly  or  indirectly,  receive  or  '"''°^' 
appropriate  for  his  own  use  or  benefit  any  of  the  funds, 
money  or  property  of  the  said  city,  or  shall  directly  or  in- 
directly take,  pledge  or  borrow  any  of  the  said  funds  or 
property  for  his  own  use  or  benefit,  such  member  or  officer 
of  said  board  shall  be  deemed  guilty  of  embezzlement,  and 
shall  be  liable  to  indictment,  and  on  conviction  thereof  shall 
be  sentenced  to  imprisonment  for  a  term  of  not  less  than 
six  months  nor  more  than  ten  years,  in  the  penitentiary  of 
this  state ;  and  also  be  fined  in  a  sum  equal  to  the  amount 
of  the  money  embezzled.  The  members  of  said  board  shall 
be  liable  upon  their  bond  for  the  loss  of  any  or  all  moneys 
coming  into  the  possession  or  control  of  said  board. 

Sec.  28.  It  shall  be  the  duty  of  the  said  board  to  keep  Account  of 

*'  1    receipts  and 

books  of  account,  showing  with  entire  accuracy  the  receipts  t^eT&c. 
and  expenditures  of  the  board,  in  such  manner  as  to  enable 
the  same  to  be  readily  understood  and  investigated ;  and 
also  to  preserve  on  file  in  their  office  duplicate  vouchers  for 
all  their  expenditures,  which  books  and  duplicates  shall  at 
all  times  be  open  to  the  examination  of  the  comptroller  of 
said  city,  or  to  the  finance  committee  of  the  common  council, 
or  to  any  other  committee  appointed  by  the  common  council. 
5 


66 


CITY    CHARTER. 


CHAPTER  VII. 


PUBLIC  IMPROVEMENTS  AND  SPECIAL  ASSESSMENTS. 


Cotincil  em- 
powered to 
la  J'  out 
streets,  &c. 


Section. 

1.  Power  to  lay  out  streets;   to  Improve 

them;  to  widen  and  deepen  the  river; 
to  construct  side  walks ;  and  improve 
parks. 

2.  Expenses  defrayed  by   special  assess- 

ments. 

3.  Applications  for  public  improvements 

to  be  made  or  referred  to  board  of  pub- 
lic works ;  board  \o  report  to  council. 

4.  Plan  or  profile  of  improvements  to  be 

furnished  in  certain  cases :  facts  to  be 
specially  reported;  three-fourths' vote 
of  council  required  in  certain  cases. 

5.  Assessments  for  condemnation  of  real 

estate. 

6.  Commissioners  to  be  sworn ;  notice  of 

meeting ;  witnesses  may  be  examined. 

7.  Damages    to   be    api^raised    deducting 

benefits. 

8.  Report  to  show  amount  to  be  paid  or 

received  for  damage  or  benefit. 

9.  Yalue  of  land  donated  to  be  set  off 

against  benefits. 

10.  Yaluation  of  buildings;    owner  to  be 

notified  thereof;  refusing  to  take, 
buildings  to  be  sold. 

11.  Each  party  in  interest  entitled  to  an 

award. 

12.  Damages  and  expenses  to  be  assessed  on 

real  estate  benefited. 

13.  Assessment  roll  to  be  filed;   notice  of 

application  for  confirmation;  objec- 
tions ;  pi'oceedings  thereupon. 

14.  Property  owners  may  appeal ;  proceed- 

ings therein. 

15.  Condemnation    eifectual  when    assess- 

ment Is  confirmed;  payment  of  dam- 
ages. 

16.  Notice  to  be  published  of  readiness  to 

pay ;  city  may  then  take  possession. 

17.  When  whole  of  lot  taken,  contracts  to 

cease. 

18.  When  part  taken,  to  cease  as  to  that 

part ;  to  continue  as  to  the  residue. 

19.  Proceedings  to  be  recorded. 

Section  1.  The  common  council  shall  have  power,  from 
time  to  time, 

First.  To  lay  out  public  streets,  alleys,  lanes,  and  high- 
ways, and  to  make  wharves  and  slips  at  the  ends  of  streets, 
and  extend,  alter,  widen,  contract,  straighten,  and  discon- 
tinue the  same ;  and  to  purchase,  and  lay  out  public  parks, 
squares  or  grounds. 


Sectiox. 

20.  Assessments  for  deepening  the  river. 

21.  Assessments  for  imj^roving  streets. 

22.  Assessments  on  railway  companies. 

23.  Oath  of  commissioners;  notice  of  meet- 
ing. 

24.  Return  of  assessment  roll;  notice;  pro- 
ceedings thereupon. 

25.  Owner  to  construct  sidewalks  and  drains 
when  ordered ;  assessment  therefor. 

26.  Penalty  for  refusal. 

27.  If  owner  refuses  to  construct,  board  of 
public  works  may  do  the  work  and 
assess  expense. 

28.  Repair  of  side  walks  and  drains;  ex- 
pense, how  collected. 

29.  Owners  and  occiipants  responsible  for 
safe  condition  of  side  walk. 

30.  Erection  of  lamp  posts;  assessments 
therefor. 

31.  Removal  of  nuisances;  expense,  how 
collected. 

32.  Landlord  to  pay  assessment  when  no 
agreement  to  the  contrary;  remedy 
when  paid  by  tenant. 

33.  Guardians  of  infants,  by  whom  to  be 
appointed. 

34.  Writ  of  certiorari,  when  to  be  issued. 

35.  New  assessment  when  first  insuificient; 
excess  to  be  refunded. 

36.  On  failure  to  collect,  re-assessment  may 
be  made;  assessments  a  lien  for  five 
years. 

37.  Commissioner  interested  disqualified 
from  serving ;  vacancy',  how  filled. 

38.  Expense  of  river  improvements  may  be 
defrayed  by  general  tax. 

39.  Improvements  to  be  paid  for  out  of 
general  fund. 

40.  Construction  of  bridges  by  private  en- 
terprise. 

41.  Penalty  for  willful  injury  to  cityproperty. . 

42.  Improvement  of  Michigan  Avenue. 

43.  Encroachment  prohibited  on  public 
ground  east  of  Michigan  Avenue. 

44.  Repealing  clause. 


PUBLIC   IMPROVEMENTS   AND   SPECIAL  ASSESSMENTS.  67 


To  widen  and 
jen  river 


Second.     To  cause  any  street,  alley,  lane  or  liiglnvay,  to  Jt'rer''® 
be  filled,  graded,  leveled,  paved,  curbed,   walled,  graveled, 
macadamized  or  planked ;  and  keep  the  same  in  repair. 

Thlnl.     To  widen,  deepen,  or  dredge  out  the  Chicago  fj^^ 
river,  or  either  of  its  branches,  or  any  part  or  parts  of  the 
same. 

Fourth.     To  cause  cross  and  side  walks,  area  walls,  lamp  ^JlJf'JJl^'^ 
posts,  and  private  drains,  to  be  constructed  and  laid,  relaid, 
erected,  cleansed  and  repaired. 

Fifth.     To  fill,  grade,  improve,  protect  and  ornament,  l'^^^^^^^ 
any  public  square,  now,  or  hereafter,  laid  out. 

Sec.  2.  The  expenses  of  any  improvement  mentioned  in  STSy- 
the  foregoing  section,  shall  be  defrayed,  save  as  is  herein  '"^- 
otherwise  provided,  by  a  special  assessment  upon  the  real 
estate  benefited  thereby,  to  be  levied  in  the  manner  herein- 
after prescribed. 

Sec.  3.  All  applications  or  propositions  for  establishing  ^^{IPjJJfJ^^^^ 
the  grade  of  streets  or  for  a  change  of  grade,  the  erection  JJI^^^^^^jPrl* 
of  bridges  and  lamp  posts,  the  grading,  re-grading  paving,  fl^^aMofVb- 
re-paving,  graveling,  and  re-graveling,  macadamizing,  plank- 
ing, and  re-planking  of  streets,  alleys,  highways,  or  lanes, 
the  construction  and  repair  of  sidewalks  and  private  drains, 
the  improvement  of  public  grounds  or  buildings  belonging 
to  the  city,  except  school  houses,  the  widening,  deepening 
or  dredging  of  the  Chicago  river,  or  either  of  its  branches, 
the  opening,  straightening,  widening  or  closing  of  any  street, 
alley,  lane,  or  highway,  or  for  any  other  improvement,  the 
doins:  of  which  is  within  the  discretion  and  control  of  the 
municipal  government  of  said  city,  shall  hereafter  be  first 
made  to  the  board  of  public  works ;  or,  if  first  made  to  the 
common  council,  shall  be  ])y  them  referred  to  said  board. 
Upon  receiving  any  such  application,  the  said  board  sliall 
proceed  to  investigate  the  same ;  and  if  they  shall  deter- 
mine that  such  improvement  is  necessary  and  proper,  tliey  Board  to  re- 

^  ,  .     ,   P<^rt  to  coun- 

shall  report  the  same  to  the  common  council  accompanied  cu. 
with  an  estimate  of  the  expense  thereof,  and  a  proper  ordi- 


68  CITY    CHARTER. 


nance  or  order  directing  the  work.     If  they  do  not  approve 
of  such  application  they  shall  report  the  reasons  for  their 
disapproval,  and  the  common  council  may  then,  in  either 
case,  order  the  doing  of  such  work,  or  the  making  of  such 
public  improvement,  after  having  first  obtained  from  said 
board  an  estimate  of  the  expense  thereof.     The  board  of 
public  works  may  also,  in  like  manner  recommend,  whenever 
they  think  proper,  any  improvement  of  the  nature  specified 
in  this  section,  though  no  application  may  have  been  made 
mocuf  ^  S  therefor ;  and  in  all  cases  the  common  council,  after  having 
obtained  from  said  board  an  estimate  of  the  expense,   may 
make  such  changes  in  the  proposed  plan  as  may  be  petitioned 
for  by  any  of  the  owners  of  the  property  to  be  assessed, 
fiieyim-"^*^       Sec.  4.  Whenever  the  board  of  public  works  shall  recom- 
ErtoSVd!  mend  the  opening,  straightening,  widening,  or  extending, 
of  any  street,  lane,  alley,  or  highway,  in  said  city,  or  the 
widening  of  the  Chicago  river,  or  either  of  its  branches,  or 
any  part  or  parts  of  the  same,  they  shall  furnish  to  the  com- 
mon council  a  plan  or  profile  of  the  contemplated  improve- 
f ^cfan°  re-   ^^^U  ^^^  shall  also  specially  report  whether,  in  their  opin- 
ported.         JQjj^  YQal  estatc  to  be  assessed  for  said  improvement  can  be 
found  benefited  to  the  extent  of  the  damages,  costs,  and 
expenses  necessary  to  be  incurred  thereby ;  and  whenever 
in  any  case  they  shall  recommend  to  the  common  council 
the  doing  of  any  work,  or  the  making  of  any  public  improve- 
ment, to  be  paid  for  by  a  special  assessment,  they  shall  with 
such  recommendation  certify  to  the  common  council  whether 
the  contemplated  improvement  is  asked  for  by  the  petition 
of  the  owners  of  a  majority  of  the  property  to  be  assessed 
for  such  improvement,  and  if  the  owners  of  a  majority  of 
the  property  so  to  be  assessed,  shall  have  failed  to  petition 
therefor,  the  same  shall  be  ordered  only  by  the  votes  of  at 
fourths' vote  ^^^^^  three-fourths  of  all  the  aldermen  present,  such  vote  to 
be  entered  by  ayes  and  noes  on  the  record  of  the  common 
council.     The  certificate  of  said  board  of  public  works  shall 


PUBLIC   IMPROVEMENTS   AND    SPECIAL   ASSESSMENTS.  69 

he  prima  facie  evidence  as  to  the  number  of  said  petitioners 
and  of  their  interest  in  the  property  assessed. 

CONDEMNATION  PROCEEDINGS. 

Sec.  5.  Whenever  any  order  is  passed  by  the  common  for^comiem- 
council,  by  virtue  hereof,  for  the  making  of  any  public  im-  estate. 
provement  mentioned  in  the  first  section  of  this  chapter, 
which  shall  require  the  appropriation  or  condemnation  of  any 
land  or  real  estate,  the  commissioners  of  the  board  of  public 
works  shall  forthwith  proceed  to  ascertain  and  assess  the 
damages  and  recompense  due  the  owners  of  such  land  respec- 
tively, and  at  the  same  time  to  determine  what  real  estate 
will  be  benefited  by  such  improvement,  and  assess  the  dama- 
ges, together  with  the  costs  of  the  proceedings,  on  the  real 
estate  by  them  deemed  benefited,  in  proportion,  as  nearly  as 
may  be,  to  the  benefit  resulting  to  each  separate  lot  or  parcel. 
If  the  proceeding  be  one  for  widening  the  Chicago  river,  or  thenver! 
either  of  its  branches,  or  any  part  or  parts  of  the  same,  the 
assessment  may,  if  so  ordered  by  the  common  council,  be 
made  to  include  the  estimated  expense  of  excavation  and 
completing  the  work,  in  addition  to  the  value  of  the  land 
condemned ;  but  in  all  other  cases  shall  cover  only  the  dama- 
ges awarded  for  the  real  estate  appropriated  and  the  costs 
of  the  proceedings. 

Sec.  6.  Before  proceeding  to  make  said  assessment  the  oath  of 
commissioners  shall  be  sworn,  faithfully  to  execute  their  du 
ties,  according  to  the  best  of  their  ability.     They  shall  then  Notice 
give  six  days'  notice  by  publication  in  the  corporation  news- 
paper, of  the  time  and  place  of  their  meeting  for  the  pur- 
pose of  making  said  assessment,  in  which  notice  they  shall 
specify  what  such  assessment  is  to  be  for,  and  shall  describe 
the  land  to  be  condemned,  as  near  as  may  be  done  by  gen- 
eral description.     The  meeting  of  said  commissioners  when 
engaged  in  making  such  assessment,  shall  be  held  in  a  public 
place  in  said  city,  to  be  specified  in  said  notice,  and  all  per- 


com- 
missioners. 


70  CITY    CHARTER. 


Evidence. 


sons  interested  in  any  such  assessment,  shall  have  the  right 
to  be  present  and  he  heard,  either  in  person  or  by  counsel. 
The  commissioners  shall  view  the  premises  to  be  condemned 
and  receive  any  legal  evidence  that  may  be  offered,  for  the 
purpose  of  proving  the  true  value  thereof,  or  the  damages 
that  will  be  sustained,  or  benefit  conferred  by  reason  of  the 
contemplated  improvement ;  and  the  said  commissioners,  for 
this  purpose,  are  hereby  authorized  to  administer  oaths  to 
all  witnesses  produced  before  them.  They  shall  permit  the 
counsel  to  the  corporation,  or  city  attorney,  to  appear  before 
them  at  such  hearing,  to  represent  the  interests  of  the  city, 
and  may  adjourn  from  time  to  time  until  said  assessment  is 
completed. 
Appraisal  of       Sec.  7.  The  commissioncrs,  in  makino;  said  assessment, 

damage  and  ^  "--' 

benefit.  shall  determine  and  appraise,  to  the  owner  or  owners,  the 
value  of  the  real  estate  appropriated  for  the  improvement 
and  the  injury  arising  to  them,  respectively,  from  the 
condemnation  thereof,  which  shall  be  awarded  to  such  owners 
respectively,  as  damages,  after  making  due  allowance  there- 
from for  any  benefit  which  such  owners  may  respectively 
derive  from  such  improvement. 


Eeport  to  Sec.  8.  If  the  damage  to  any  person  be  greater  than  the 

show  dam-  n    i      i  r»     i  ? 

age  and        benefit  rcccived,  or  if  the  benefit  be  greater  than  the  damage, 

benefit.  '  ^      ^  °  _  ^    ' 

in  either  case  the  commissioners  shall  strike  a  balance,  and 
carry  the  difference  forward  to  another  column,  so  that  the 
assessment  may  show  what  amount  is  to  be  received  or  paid 
by  such  owners,  respectively,  and  the  difference  only  shall, 
in  any  case,  be  collectable  of  them,  d^  paid  to  them. 
Value  of  land      ggc.  9.  In  the  asscssmcut  of  damages  and  benefits  for 

donated  may  *-" 

be  set  off      ii^Q  opening  of  any  street  or  alley,  it  shall  be  lawful  for  the 

against  bene-  x  o  ./  t/  7 

^*^-  commissioners,  in  their  discretion,  in  making  such  assess- 

ment, where  part  of  the  land  to  be  laid  out  into  such  street  or 
alley,  has  been  theretofore  donated  by  any  person  or  persons 
for  such  street  or  alley,  to  appraise  the  value  of  the  land  so 
donated,  and  to  apply  the  value  thereof,  as  far  as  the 
amount  so  appraised  shall  go,  as  an  offset  to  the  benefits 


PUBLIC   mPROVEMEXTS   AND   SPECIAL   ASSESSMENTS.  71 


assessed  against  the  person  or  persons  making  such  donation, 
or  those  claiming  under  them  ;  but  nothing  herein  contained 
shall  authorize  any  person  or  persons  by  whom  such  dona- 
tion is  made,  to  claim  from  the  city  the  amount  of  such 
appraisal,  except  as  an  offset,  as  herein  provided.  And 
where  the  assessment  is  one  for  the  widening  of  any  street, 
which  may  have  been  theretofore,  either  in  whole  or  in  part, 
donated  to  the  public  by  the  proprietors  of  the  adjoining 
land,  it  shall  also  be  lawful  for  said  commissioners,  in  their 
discretion,  to  make  such  allowance  therefor,  in  their  assess- 
ment of  benefits,  as  shall  to  them  seem  equitable  and  just. 

Sec.  10.  If  there  should  be  any  buildinor  standing-  in  valuation  of 

11.  1         ,         -,  '       ^  buildings. 

whole  or  m  part  upon  the  land  to  be  taken,  the  commis- 
sioners shall  add  to  their  estimate  of  damages  for  the  land, 
the  damages  also  for  the  building  or  part  of  building  neces- 
sary to  be  taken,  if  it  be  the  property  of  the  owner  of  the 
land.  When  owned  by  any  other  person,  the  damages  for 
the  building  shall  be  assessed  separately.  The  value  of  such 
building  to  the  owner  to  remove,  or  of  the  part  thereof 
necessary  to  be  taken,  shall  also  be  determined  by  the 
commissioners,  and  notice  of  such  determination  shall  be  Notice  to 
given  by  them  to  the  owner  when  known,  if  a  resident  of  the 
city,  or  left  at  his  usual  place  of  business  or  abode.  If  the 
owner  is  not  known,  or  is  a  non-resident,  notice  to  all 
persons  interested  shall  be  given  by  publication  for  ten  days 
in  the  corporation  newspaper.  Such  owner  may  at  any 
time  within  ten  days  after  service,  or  the  first  publication 
of  such  notice,  notify  to  said  commissioners  in  writing  his 
election  to  take  such  building  or  part  of  building  at  their 
appraisal ;  and  in  such  case  the  amount  of  such  appraisal 
shall  be  deducted  by  the  commissioners  from  the  estimated 
damages  for  the  land  and  building,  where  they  belong  to  the 
same  owner,  and  from  the  estimated  damages  for  the  building 
where  they  belong  to  different  owners ;  and  the  owner  shall 
have  such  time  for  the  removal  of  the  buildinor  after  the 
confirmation  of  the  assessment,  as  the  board  of  public  works 


72 


CITY    CHARTER. 


Sale  of  build- 


Each  party  in 
interest  enti- 
tled to  award. 


Damages  to 
be  assessed 
on  real  es- 
tate benefit- 
ed. 


Return  of 

assessment 

roll. 


Notice.  . 


may  allow.  If  the  owner  shall  refuse  to  take  the  building 
at  the  appraisal,  or  fail  to  give  notice  of  his  election  as 
aforesaid,  within  the  time  prescribed,  then  no  deduction  shall 
be  made  from  the  estimated  damages  aforesaid,  and  the 
board  of  public  works  shall,  after  the  confirmation  of  the 
assessment,  and  after  the  money  is  collected  or  otherwise 
provided  and  ready  in  the  hands  of  the  treasurer  to  be  paid 
over  to  the  owner  for  his  damages,  proceed  to  sell  such 
building  or  part  of  building,  at  public  auction,  for  cash, 
giving  at  least  five  days'  public  notice  of  the  sale  by  publi- 
cation in  the  corporation  newspaper,  and  cause  such  building 
to  be  then  forthwith  removed.  The  proceeds  of  such  sale 
shall  be  paid  into  the  city  treasury  to  the  credit  of  the 
special  assessment  fund  raised  for  the  said  improvement. 

Sec.  11.  If  the  lands  and  buildings  belong  to  different 
persons,  or  if  the  land  be  subject  to  lease,  the  injury  done 
to  such  persons,  respectively,  may  be  awarded  to  them,  by 
the  commissioners,  less  the  benefits  resulting  to  them, 
respectively,  from  the  improvement. 

Sec.  12.  Having  ascertained  the  damages  and  expenses 
of  such  improvement,  as  aforesaid,  the  commissioners  shall 
thereupon  apportion  and  assess  the  same,  together  with 
costs  of  the  251'oceedings,  upon  the  real  estate  by  them 
deemed  benefited,  in  proportion  to  the  benefits  resulting 
thereto  from  the  improvement,  as  nearly  as  may  be,  and 
shall  briefly  describe  the  real  estate  upon  which  their  assess- 
ments may  be  made  ;  and  it  shall  constitute  no  legal  objec- 
tion to  said  assessment  that  the  amount  thereof  either 
exceeds  or  falls  short  of  the  original  estimate  of  the  cost  of 
the  improvement  submitted  to  the  common  council  by  the 
board  of  public  works. 

Sec.  13.  When  completed,  the  commissioners  shall  sign 
and  file  the  assessment  roll  in  the  oflice  of  the  city  clerk, 
and  a  duplicate  thereof  in  the  office  of  the  board  of  public 
works.  Notice  shall  be  given  by  said  commissioners,  by 
six  days'  publication  in  the  corporation  newspaper,  of  the 


PUBLIC   IMPROVEMENTS  AND   SPECIAL   ASSESSMENTS.  73 

filing  of  such  assessment  roll  in  the  clerk's  office ;  and  that 
at  the  next  regular  meeting  of  the  common  council,  to  be 
held  after  the  expiration  of  such  publication,  they  will  apply 
to  the  common  council  for  a  confirmation  of  said  assessment. 
Objections  to  said  assessment  may  be  heard  before  the  objections, 
common  council,  but  all  parties  objecting  shall  file  their 
objections  in  writing,  in  the  office  of  the  city  clerk,  at  least 
one  day  prior  to  such  meeting  of  the  council.  Should  no 
quorum  be  present  at  such  meeting,  the  matter  shall  stand 
postponed  to  the  next  regular  meeting  of  the  council  when 
there  shall  be  a  quorum.  The  council  shall  have  power  to  ^"jJ^StJero- 
adjourn  such  hearing  from  time  to  time,  and  shall  have  power,  ^°- 
in  their  discretion,  to  revise  and  correct  the  assessment,  and 
confirm  or  annul  the  same,  and  direct  a  new  assessment  to 
be  made.  Said  assessment,  when  confirmed  by  the  common 
council,  shall  be  final  and  conclusive  upon  all  parties 
interested  therein,  except  as  is  hereinafter  provided ;  and 
when  said  assessment  is  confirmed  and  no  appeal  is  taken, 
as  herein  provided,  a  warrant  shall  issue  for  the  collection 
of  the  same,  signed  by  the  mayor  and  city  clerk.  If  said 
assessment  shall  be  annulled  by  the  common  council  or  set 
aside  by  the  court,  the  commissioners  of  the  board  of  public 
works  shall  proceed  to  make  a  new  assessment,  and  return 
the  same  in  like  manner,  and  give  like  notices  as  herein 
required  in  relation  to  the  first ;  and  all  parties  in  interest 
shall  have  the  like  rights,  and  the  common  council  shall 
perform  like  duties  and  have  like  powers  in  relation  to  any 
subsequent  determination,  as  are  hereby  given  in  relation  to 
the  first. 

Sec.  1-4.  Any  person  whose  property  has  been  appropriat-  Appeal  from 

J  11         ^  n^     ■>       ^  '        '  •  i  ^       i'  Confirmation. 

ed,  and  who  has  filed  objections  to  said  assessment,  as 
hereinbefore  provided,  shall  have  the  right,  at  any  time 
within  ten  days  after  the  confirmation  of  the  same  by  the 
common  council,  and  not  after  that  time,  having  first  given 
notice  of  his  or  her  intention  so  to  do,  to  the  counsel  to  the 
corporation,  or  city  attorney,  specifying  in  such  notice  the 


74  CITY    CHARTER. 


court  to  wliicli  the  appeal  is  to  be  taken,  to  pray  an  appeal 
to  any  court  of  general  jurisdiction  in  Cook  county,  from 
the  order  of  the  common  council  confirming  such  assessment, 
upon  filing  a  bond  to  said  city,  approved  by  the  judge  or 
judges  of  the  court  to  which  the  appeal  is  taken,  conditioned 
to  save  the  city  harmless  from  all  damages  caused  by  the 
taking  of  such  appeal.  In  case  of  appeal,  a  copy  of  the 
assessment  roll,  as  confirmed  by  the  common  council,  and  of 
the  objections  to  the  final  order  confirming  the  same,  shall 
be  filed  in  the  office  of  the  clerk  of  the  court  to  which  such 
appeal  shall  be  taken,  and  the  cause  shall  be  docketed  by 
such  clerk  in  the  name  of  the  person  taking  such  appeal 
against  the  city  of  Chicago,  as  an  ^'  appeal  from  assessment." 
The  said  cause  shall  be  then  at  issue,  and  shall  have  the 
preference  in  order  of  trial  over  all  civil  causes  pending  in 
said  court.  Such  appeal  shall  be  tried  by  the  court,  and  on 
such  trial  the  only  questions  to  be  passed  upon,  shall  be 
whether  the  common  council  had  jurisdiction  in  the  case,  and 
whether  the  valuation  of  the  property  specified  in  the  objec- 
tions is  a  fair  valuation,  and  the  assessment,  so  far  as  it 
affects  said  property,  is  a  fair  and  impartial  assessment. 
The  judgment  of  the  court  shall  be  either  to  confirm  or  an- 
nul the  assessment,  from  which  judgment  no  appeal  or  writ 
of  error  shall  lie. 
condemna-         Sec,  15.  When  any  such  assessment  shall  have  been  con- 

tion  effectual    ^  -,   ■,  •,  •^  t  iii 

onconfirma-  firmed  by  the  common  council,  and  no  appeal  have  been 
taken  therefrom,  or,  if  an  appeal  shall  have  been  taken, 
when  judgment  to  confirm  the  assessment  shall  have  been 
rendered  thereon,  the  same  shall  be  a  lawful  and  sufficient 
condemnation  of  the  land  or  property  ordered  to  be  appro- 
priated. The  board  of  public  works  shall  thereupon  cause 
to  be  paid  to  the  owner  of  such  property,    or  to  his  agent, 

Payment  of  the  amouut  of  damages,  over  and  above  all  benefits,  which 
may  have  been  awarded  therefor,  as  soon  as  a  sufficient 
amount  of  the  assessment  shall  have  been  collected  for  that 
purpose ;  but  the  claimant  shall  in   all    cases    furnish    an 


PUBLIC   IMPROVEMENTS  AND   SPECIAL  ASSESSMENTS.  75 

abstract  of  title,  showing  himself  entitled  to  such  damages 
before  the  same  shall  be  paid.  If,  in  any  case,  there  shall 
be  any  doubt  as  to  who  is  entitled  to  tlie  damages  for  land 
taken,  the  city  may  require  of  the  claimant,  a  bond  with 
good  and  sufficient  sureties  to  hold  said  city  harmless  from 
all  loss,  costs  and  expenses,  in  case  any  other  person  should 
claim  said  damages.  In  all  cases,  the  title  to  land  taken  and 
condemned  in  manner  aforesaid,  shall  be  vested  absolutely 
in  the  city,  in  fee  simple. 

Sec.  16.  As  soon  as  the  money  is  collected,  and  ready,  J^gadinesa  to 
in  the  hands  of  the  treasurer,  to  be  paid  over  to  parties  ^^^' 
entitled  to  damages   for   property   condemned,   ten  days' 
notice  thereof  shall  be  given  by  the  board  of  public  works 
in  the  corporation  newspaper;  and  the  city  may  then,  and  wheTSTe 
not  before,  enter  upon,  take  possession  of  and  appropriate 
the  property  condemned. 

Sec.  17.  Where  the  whole  of  any  lot  or  parcel  of  land  Zlflln,''^' 
or  other  premises  under  lease  or  other  contract,  shall  be  ?ease!^*^  *^ 
taken  for  any  of  the  purposes  aforesaid,  by  virtue  of  this 
act,  all  the  covenants,  contracts  and  engagements  between 
landlords  and  tenants,  or  any  other  contracting  parties  touch- 
ing the  same  or  any  part  thereof,  shall,  upon  publication  of 
the  notice  required  in  the  preceding  section,  respectively 
cease  and  be  absolutely  discharged. 

Sec.  18.  Where  part  only  of  any  lot  or  parcel  of  land  or  Sen.Su- 
other  premises  so  under  lease  or  other  contract,  shall  be  Sl^S 
taken  for  any  of  the  purposes  aforesaid,  by  virtue  of  this  ^"*^^  ^^^^' 
act,  all  the  covenants,  contracts  and  agreements  and  enfrao-e- 
ments  respecting  the  same,  upon  publication  of  the  aforesaid 
notice,  shall  be  absolutely  discharged  as  to  the  part  thereof 
so  taken,  but  shall  remain  valid  as  to  the  residue  thereof, 
and  the  rents,  considerations  and  payments  reserved,  paya- 
ble and  to  be  paid  for,  or  in  respect  to  the  same,  shall  be  so 
proportioned  as  that  the  part  thereof,  justly  and   equitably 
payable  for  such  residue  thereof,  and  no  more,  shall  be  paid 
or  recoverable  for  the  same. 


76  CITY   CHARTER. 


Proceedings        Sec.  19.  All  proceedings  taken  by  said  board  of  public 

to  be  record-  ^  °  _  *'  ^ 

ed.  works,  in  relation  to  the  laying  out  of  any  street,  alley,  lane 

or  highway,  wharf,  slip,  public  square  or  ground,  or  the 
widening,  contracting,  straightening  or  discontinuing  the 
same,  and  all  proceedings  for  the  widening  of  the  Chicago 
river,  or  either  of  its  branches,  shall  be  recorded  by  the  said 
board,  in  a  book  or  books  kept  for  that  purpose,  describing 
particularly  the  said  improvements,  and  the  real  estate  re- 
quired to  be  taken  therefor. 

DEEPENING  AND  DREDGING  THE  RIVER. 

Assessment        gEc.  20.  Whenever  any  order  is  passed  by  the  common 

for  deepening  ^  '^  it/ 

"^^^-  council,    by   virtue   hereof,  to  deepen  or  dredge  out  the 

Chicago  river,  or  either  of  its  branches,  or  any  part  or  parts 
of  the  same,  the  commissioners  of  the  board  of  public  works 
shall  forthwith  proceed  to  assess  the  amount  directed  to  be 
assessed,  on  the  real  estate  by  them  deemed  benefited  by 
any  such  improvement,  in  proportion,  as  nearly  as  may  be, 
to  the  benefit  resulting  to  each  separate  lot  or  parcel ;  and 
shall  briefly  describe  in  the  assessment  roll,  to  be  made  by 
them,  the  real  estate  assessed,  and  the  amount  of  the  assess- 
ment in  each  case. 

IMPROVEMENT  OF  STREETS. 

Assessment        gEc.  21.  Whenever  any  order  is  passed  by  the  common 

for  miprov-  ''  a  ./ 

mg  streets,  couucil,  by  virtuc  hereof,  for  the  filling,  grading,  leveling, 
paving,  curbing,  walling,  graveling,  macadamizing,  planking, 
or  repairing  of  any  street,  lane,  alley,  or  highway,  the 
commissioners  of  the  board  of  public  works  shall  forthwith 
proceed  to  assess  the  amount  directed  by  the  common  council 
to  be  assessed,  on  the  real  estate  fronting  or  abutting  on  the 
contemplated  improvement.  Said  assessment  shall  be  made 
in  such  manner,  as  nearly  as  may  be,  that  each  separate 
block,  lot,  sub-lot,  piece  or  parcel  of  land,  on  either  side  of 
the  street  or  part  of  street  to  be  improved,  shall  sustain  the 
cost  and  expense  of  making  or  completing  the  improvement 
upon  that  half  of  the  street  directly  adjacent  to  or  in  front 
of  the  same. 


PUBLIC   IMPROVEMENTS   AND    SPECIAL   ASSESSMENTS.  77 

Sec.  22.  Where,  in  any  case,  any  portion  of  the  cost  and  ^^^r^fi^lj* 
expense  of  making  any  improvement  mentioned  in  the  companies, 
foregoing  section,  shall,  by  virtue  of  any  valid  law  or 
ordinance  of  the  corporation,  or  by  virtue  of  any  valid 
contract,  be  chargeable  upon  any  rail-way  company,  the 
amount  so  chargeable  may  be  assessed  upon  said  rail-way 
company,  and  the  balance  only,  upon  the  real  estate  fronting 
or  abutting  on  such  improvement ;  and  the  city  may  collect 
the  amount  so  assessed  upon  the  said  rail-way  company,  by 
distress  and  sale  of  personal  property,  as  in  other  cases,  or 
by  suit  brought  for  that  purpose :  provided,  that  any  real 
estate  belonging  to  such  rail-way  company  and  fronting  or 
abutting  upon  the  said  improvement  shall  be  assessed  as  in 
other  cases. 

Sec.  23.  Before  proceedinf'  to  make  an  assessment,  for  oathof  com- 
any  improvement  mentioned  in  the  three  preceding  sections, 
said  commissioners  shall  be  sworn  as  in  other   cases,  and 
shall  give  six  days'  notice,  by  publication  in  the  corporation  ^"o^^f.^  ^^ 

n  *'  7      »/   1  I  meeting. 

newspaper,  of  the  time  and  place  of  their  meeting  for  the 
purpose  of  making  said  assessment,  in  which  notice  they 
shall  specify  what  such  assessment  is  to  be  for,  and  the 
amount  to  be  assessed.  All  persons  interested  in  any  such 
assessment  shall  have  the  right  to  be  present  and  be  heard, 
either  in  person  or  by  counsel,  and  the  commissioners  may, 
in  their  discretion,  receive  any  legal  evidence,  and  may 
adjourn,  if  necessary,  from  time  to  time. 

Sec.  24.  When  the  commissioners  shall  have  completed  i^«*"™^f«^ 

^  sessmentroll. 

their  assessment,  they  shall  sign  and  return  the  same  in  like 
manner,  and  give  like  notice  of  the  application  to  the 
common  council  for  confirmation,  as  herein  reijuired  in 
relation  to  assessments  for  the  condemnation  of  real  estate  ; 
and  all  parties  in  interest  shall  have  the  like  rights,  and  the  Proceedings 

i  o        7  thereon. 

common  council  shall  perform  like  duties  and  have  like 
powers  in  relation  to  such  assessment  as  are  herein  given  in 
relation  to  assessments  for  the  condemnation  of  real  estate. 
When  confirmed  by  the  common  council,  said  assessment 


78 


CITY  CHARTER. 


Owners  to 
construct 
side  walks. 


shall  be  final  and  conclusive  upon  all  parties  interested 
therein,  and  shall  be  collected  as  in  other  cases ;  and  no 
appeal  shall  lie  in  any  case  from  the  order  of  confirmation. 
If  any  assessment  be  annulled  or  set  aside,  the  said  commis- 
sioners shall  proceed  to  make  a  new  assessment  and  shall 
return  the  same  in  like  manner  and  give  like  notices  as 
herein  required  in  relation  to  the  first. 

SIDEWALKS  AND  DRAINS. 

Sec.  25.  All  owners  or  occupants  of  real  estate,  in  front 
of,  adjacent  to,  or  upon  whose  premises  the  common  council 
shall  order  or  direct  any  sidewalk  or  private  drain  to  be 
constructed,  shall  construct  such  sidewalk  or  private  drain 
at  their  own  costs  and  charges  in  the  manner  prescribed  by 
said  common  council  and  within  such  reasonable  time,  not 
exceeding  twenty  days,  as  the  board  of  public  works  shall 
direct,  of  which  time  notice  shall  be  given  to  such  owner  or 
occupant,  by  personal  service,  or  leaving  the  same  at  his 
usual  place  of  business  or  abode,  or  by  three  days'  publica- 
tion in  the  corporation  newspaper.  If  the  work  be  not  done 
in  the  manner  and  within  the  time  prescribed,  the  commis- 
sioners of  the  board  of  public  works  shall  forthwith  proceed 
to  assess  the  amount  necessary  to  be  assessed  therefor, 
together  with  all  costs,  upon  the  real  estate  aforesaid,  which 
assessment  shall  be  made  and  returned,  and  may  be  confirmed 
and  collected  in  the  same  manner  as  in  the  case  of  filling, 
grading  or  paving  streets,  and  when  confirmed  shall  have 
the  same  force  and  efi'ect ;  like  powers,  rights  and  duties 
being  hereby  conferred  and  imposed  upon  the  said  commis- 
sioners and  common  council  and  on  all  parties  interested,  in 
both  cases. 

Sec.  26.  For  any  neglect  or  refusal  to  comply  with  any 
order  of  the  common  council  in  the  preceding  section  re- 
ferred to,  the  said  common  council  may  impose  by  ordinance 
such  penalties  upon  the  owners  or  occupants  aforesaid,  not 
exceeding  twenty  dollars  for  each  day's  neglect,  as  to  the 
said  common  council  shall  seem  proper. 


If  delin- 
quent, ex- 
pense to  be 
assessed. 


Penalty  for 
neglect. 


PUBLIC   IMPROVEMENTS   AND   SPECIAL  ASSESSMENTS.  79 


Sec.  27.  Upon  the  passage  of  any  order  in  the  two  pre-  o^^'^^^gcon. 

struct,  board 


i-e  of 

ceding  sections  referred  to,  the  board  of  public  works  may,  of''pui;nc 
in  their  discretion,  in  case  the  said  owners  or  occupants  ^^^^^^^y- 
should  fail  to  comply  therewith,  cause  said  improvement  to 
be  made  and  paid  for  out  of  any  moneys  in  the  treasury  at 
their  disposal,  and  afterwards  cause  the  expense  thereof  J^Jgg°7sed. 
together  with  all  costs,  to  be  reimbursed  by  a  special  assess- 
ment to  be  levied  and  collected  as  in  other  cases,  or  the  same 
may  be  recovered  by  suit  from  such  owner  or  occupant,  as 
for  money  paid  and  laid  out  for  his  use  and  at  his  request. 

Sec.  28.  When  in  any  case,  it  shall  be  deemed  necessary  2jP^!||,2 
by  the  board  of  public  works  to  cause  any  sidewalk  to  be  ^^'^  '^^^'"• 
raised,  lowered,  repaired  or  relaid,  or  any  private  drain  to 
be  raised,  lowered,  repaired  or  cleansed,  it  shall  be  lawful 
for  said  board  to  require  the  owner  or  occupant  of  the 
premises,  in  front  of,  adjacent  to,  or  upon  which  said  im- 
provement is  to  be  made,  to  make  the  same  forthwith,  or 
within  such  reasonable  time  as  the  board  of  public  works 
may  prescribe,  either  upon  written  or  verbal  notice  to  that 
effect ;  and  in  case  of  neglect  or  refusal  to  comply  with  said 
requirement,  as  well  as  in  all  cases  where  the  owner  or 
occupant  cannot  be  found,  the  board  of  public  works  may 
cause  the  work  to  be  done  and  paid  for  out  of  any  moneys 
in  the  treasury  at  their  disposal.  Said  board  shall  then  ^^^^^^^''^^ 
rej^ort  to  the  common  council  the  amount  of  said  expendi- 
ture, giving  a  description  of  the  lots  or  other  premises  liable 
therefor,  and  the  amount  for  which  each  is  chargeable.  The 
common  council  shall  thereupon  assess  the  said  expenses, 
by  an  order,  ordinance  or  resolution,  upon  such  lots  respec- 
tively, and  the  same  may  be  collected  by  warrant  and  sale 
of  the  premises,  as  in  other  cases.     A  suit  may  also  be  suittorecov 

r  '  *'  er  expense. 

maintained  against  the  owner  or  occupant  of  such  premises 
for  recovery  of  such  expenses,  as  for  money  paid  and  laid 
out  for  his  use  and  at  his  request.  The  common  council 
may  also  by  ordinance  impose  such  penalties  upon  the  owners 
or  occupants  aforesaid  for  any  neglect  or  refusal  to  comply 


80  CITY    CHARTER. 


with  the  aforesaid  requirement,  not  exceeding  twenty  dol- 
lars for  each  day's  neglect,  as  to  the  said  common  council 
shall  seem  proper. 
SpIntsT^  Sec.  29.  Nothing  in  the  preceding  sections  contained, 
safJ'coidi-"'^  shall  be  so  construed,  as  to  relieve  the  owners  or  occupants 
tion^of  side-  ^£  ^^^Y  estate  from  the  duty  of  keeping  the  sidewalk  in 
front  of  or  adjacent  to  their  respective  premises,  at  all 
times,  in  a  safe  condition  and  in  a  good  and  thorough  state 
of  repair ;  but  such  duty  is  hereby  expressly  enjoined  and 
imposed  upon  all  such  owners  and  occupants ;  and  if  at  any 
time  any  injury  shall  be  sustained  by  any  individual,  or  the 
city  shall  be  subjected  to  any  damages  in  consequence  of 
any  defect  in  any  sidewalk,  or  its  being  out  of  repair,  the 
owner  and  occupant  of  the  adjacent  premises,  whose  duty 
it  is  to  make  repairs,  shall  be  jointly  and  severally  liable 
therefor,  and  the  same  may  be  recovered  by  suit  in  any 
court  of  general  jurisdiction.  If  the  owner  be  a  non-resi- 
dent, proceedings  may  be  commenced  against  the  property 
by  attachment,  as  in  other  cases  of  attachment  under  the 
laws  of  this  state. 

ERECTION  OF  LAMP  POSTS. 

Assessment        g^c.  30.  Whenever  any  order  is  passed  by  the  common 

for  lamp  *'  r  ,/ 

posts.  council,  by  virtue  hereof,  for  the  erection  of  lamp  posts 

upon  any  of  the  streets  in  said  city,  the  commissioners  of 
the  board  of  public  works  shall  forthwith  proceed  to  assess 
the  amount  directed  by  the  common  council  to  be  assessed 
therefor,  upon  the  several  lots,  pieces  or  parcels  of  land 
fronting  or  abutting  on  the  street  or  part  of  street  along 
which  said  posts  are  to  be  erected.  Said  assessment  shall 
be  made  in  such  manner,  as  nearly  as  may  be,  that  each 
separate  lot,  piece  or  parcel  of  land  on  either  side  of  such 
street,  for  the  whole  distance  proposed  to  be  lighted,  shall 
sustain  its  fair  proportionate  share  of  the  expense,  accord- 
ing to  the  number  of  lineal  feet  of  each  separate  lot  or 
parcel  on  such  street ;  which  assessment  shall  be  made  an^ 


PUBLIC   IMPROVExMENTS   AND   SPECIAL   ASSESSMENTS.  81 

returned,  and  may  be  confirmed  and  collected,  in  the  same 
manner  as  in  the  case  of  filling,  grading  or  paving  streets, 
and  when  confirmed  shall  have  the  same  force  and  effect ; 
like  powers,  rights  and  duties  being  hereby  conferred  and 
imposed  upon  the  said  commissioners  and  common  council, 
and  on  all  parties  interested,  in  both  cases. 

REMOVAL  OF  NUISANCES. 

Sec.  31.  In  all  cases  where  expenses  may  be  incurred  in  nu°^°np^g°/ 
the  removal  of  any  nuisance,  the  common  council  may  cause  cXctSi.^"^ 
the  same  to  be  assessed  against  the  real  estate  chargeable 
therewith,  in  the  manner  prescribed  in  the  twenty-eighth 
section  of  this  chapter.  Such  expenses  shall  be  likcAvise 
collectible  of  the  owner  or  occupant  of  such  premises  in  a 
suit  for  money  expended  to  his  or  their  use.  Suit  may,  in 
like  manner,  be  brought  for  such  expenses  against  the  author 
of  such  nuisance,  when  known,  or  any  person  whose  duty  it 
may  be  to  remove  or  abate  the  same. 

GENERAL  PROVISIONS. 

Sec.  32.  In  all  cases  where  there  is  no  agreement  to  the  Landlord  to 

pay  assess- 
contrary,  the  owner  or  landlord,  and  not  the  occupant  or  mentswhen 

*'  ^  noagreement 

tenant,  shall  be  deemed  the  person  who  ought  to  bear  and  [^^^^  '^°'^- 
pay  every  charge  or  assessment  made  for  the  expense  of  any 
public  improvement.  Where  any  such  charge  or  assess- 
ment shall  be  made  upon  or  paid  by  any  person,  when,  by 
agreement  or  by  law,  the  same  ought  to  be  borne  or  paid 
by  any  other  person,  it  shall  be  lawful  for  one  so  paying  to 
sue  for  and  recover  of  the  person  bound  to  pay  the  same, 
the  amount  so  paid,  with  interest ;  or  he  may  retain  and 
deduct  the  same  from  any  rent  due  or  to  become  due  to  such 
person.  Nothing  herein  contained  shall  impair  or  in  any 
way  affect  any  agreement  between  any  landlord  and  tenant, 
or  other  persons,  respecting  the  payment  of  such  assess- 
ments. 

Sec.  33.  "When  any  known  owner  residing  in  said  city,  infant  own- 

•     n  ^  1  ers  of  reales- 

or  elsewhere,  shall  be  an  nmint,   and  any  proceedings  had  tatemay 


82 


CITY    CHARTER. 


have  guard-  under  this  act  shall  render  it  necessary,  the  circuit  court  of 
the  county  of  Cook,  the  judge  thereof,  or  any  judge  of  any 
court  of  general  jurisdiction  in  said  city,  or  the  judge  of 
the  county  court,  may,  upon  the  application  of  the  board  of 
public  works,  or  such  infant,  or  his  next  friend,  appoint  a 
guardian  for  such  infant,  taking  security  from  such  guard- 
ian for  the  faithful  execution  of  such  trust,  and  all  personal 
notices  and  summons,  required  by  this  act,  may  be  served 
on  such  guardian. 

Sec.  34.  No  writ  of  certiorari  shall  be  allowed  in  the  case 
of  any  special  assessment  proceedings  commenced  under  the 
provisions  of  this  act,  unless  applied  for  within  thirty  days 


Certiorari, 
when  to  be 
issued. 


New  assess- 
ment. 


Excess  re- 
funded. 


On  failure  to 
collect,  new 
assessment 
may  be 
made. 


after  the  confirmation  of  the  assessment,  and  not  then 
at  the  suit  of  any  party  who  has  neglected  to  file  his 
objections  to  such  confirmation  as  hereinbefore  provided, 
unless  the  party  applying  for  the  writ  shall  satisfy  the  court 
by  legal  and  satisfactory  evidence,  other  than  his  own  oath, 
that  he  has  a  sufficient  legal  excuse  for  such  omission  or 
neglect. 

Sec.  35.  If,  in  any  case,  the  first  assessment  prove  in- 
sufficient, the  board  of  public  works  shall  make  a  second  in 
the  same  manner,  and  so  on,  until  sufficient  moneys  shall 
have  been  realized  to  pay  for  such  public  improvement.  If 
too  large  a  sum  shall  at  any  time  be  raised,  the  excess  shall 
be  refunded  rateably  to  those  by  whom  it  was  paid. 

Sec.  36.  If,  from  any  cause,  the  city  shall  fail  to  collect 
the  whole  or  any  portion  of  any  special  assessment  which 
may  be  hereafter  levied,  and  which  shall  not  be  canceled 
and  set  aside  by  the  order  of  any  court  upon  certiorari  or 
appeal,  for  any  public  improvement  required  to  be  paid  for 
by  special  assessment,  the  common  council  may,  at  any 
time  within  five  years  after  the  confirmation  of  the  original 
assessment,  direct  a  new  assessment  to  be  made  upon  the 
delinquent  property,  for  the  amount  of  such  deficiency,  and 
interest  thereon  from  the  date  of  such  original  assessment, 
which  assessment  shall  be  made,  as  near  as  may  be,  in  the 


PUBLIC   IMPROVEMENTS   AND   SPECIAL   ASSESSMENTS.  83 

same  manner  as  is  herein  prescribed  for  the  first  assessment. 
In  all  cases  where  partial  payments  shall  have  been  made 
on  such  former  assessment,  they  shall  be  credited  or  allowed 
on  the  new  assessment  to  the  property  for  which  they  were 
made,  so  that  the  assessment  shall  be  equal  and  impartial 
in  its  results.  If  such  new  assessment  prove  ineffectual, 
either  in  whole  or  in  part,  the  common  council  may,  at  any 
time  within  said  period  of  five  years,  order  a  third,  and  so 
on,  to  be  levied  in  the  same  manner  and  for  the  same 
purpose ;  and  it  shall  constitute  no  legal  objection  to  such 
re-assessments  that  the  property  may  have  changed  hands 
or  been  encumbered  subsequent  to  the  date  of  the  original 
assessment,  it  being  the  true  intent  and  meaning  of  this 
section,  to  make  the  cost  and  expense  of  all  public  improve-  . 

'  r  1  r  Assessment. 

ments  to  be  paid  for  by  a  special  assessment,  a  charge  upon  ^^^^ *"'  ^''^ 
the  property  assessed  therefor,  for  the  full  period  of  five 
years  from  the  confirmation  of  the  original  assessment,  and 
for  such  longer  period  as  may  be  required  to  collect,  in  due 
course  of  law,  any  new  assessment  ordered  by  the  common 
council  within  that  period. 

Sec.  37.  If  in  any  case,  the  commissioners  of  the  board  Jommfflon- 
of  public  works,  or  either  of  them,  are  specially  interested  fied.'*'^'^^ 
in  any  special  assessment  about  to  be  levied,  the  commis- 
sioners or  commissioner  so  interested  shall  be  disqualified 
from  servin";  in  that  particular  case.     Any  vacancy  occa-  ^v<x^i^^  <^om- 
sioned  in  this  manner,  or  by  the  absence,  inability  or  refu- 
sal to  serve  of  any  commissioner,  may  be  filled  by  appoint- 
ment by  the  mayor.     The  special  commissioner  so  appointed 
shall  be  allowed  two  dollars  per  day  for  his  actual  services, 
and  shall  be  sworn  in  the  same  manner  as  the  other  com- 
missioners. 

Sec.  38.   Should  the  board  of  public  works  report  to  the  ^''■^''"  ""■ 

^  A  provenit'Dts 

common  council,  at  any  time,  in  favor  of  any  proposed  im-  Ky  glner- 
provement  of  the  Chicago  river,  or  either  of  its  branches,  *'  *'*^' 
or  any  part  or  parts  of  the  same,  and  at  the  same  time 
recommend  that  the  expense  thereof  be  defrayed  by  a  gen- 


84 


CITY    CHAETER. 


Improve- 
ments 
chargeable 
to  general 
fund. 


eral  tax  upon  all  the  taxable  property  in  the  city,  it  shall 
be  lawful  for  the  said  common  council  to  levy  such  a  tax  ; 
and  in  such  case,  the  amount  required  to  be  raised  shall  be 
assessed  upon  the  whole  taxable  real  and  personal  property 
in  the  city,  and  be  included  in  the  general  tax  levy  of  the 
succeeding  year,  under  the  head  of  "permanent  improvement 
tax." 

Sec.  39.  The  cost  and  expense  of  constructing  or  repair- 
ing wharves,  and  slips  at  the  ends  of  streets,  of  the  clean- 
ing of  streets,  alleys,  lanes,  and  highways,  and  of  ordinary 
repairs  upon  the  same,  of  purchasing  public  squares  or 
parks,  and  improving  the  same,  of  all  improvements  at  the 
intersections  of  streets  or  alleys,  or  of  streets  and  alleys, 
(excepting  sidewalks  and  area  or  street  walls,)  of  the  repair 
of  public  buildings  belonging  to  the  city,  of  the  construc- 
tion of  cross  walks,  and  of  all  bridges  and  other  improve- 
ments not  enumerated  in  the  first  section  of  this  chapter, 
shall  be  chargeable  upon,  and  paid  out  of,  the  general  fund, 
or  other  appropriate  fund  of  said  city  not  raised  by  special 
assessment. 

Sec.  40.  Whenever  any  number  of  persons  shall  agree 
to  secure  to  the  board  of  public  works  the  full  expense  of 
constructing  any  bridge,  the  common  council  may,  in  their 
discretion,  authorize  the  persons  agreeing  to  bear  the  ex- 
pense thereof,  to  contract  for  the  building  of  such  bridge. 
In  such  case,  however,  the  board  of  public  works  shall  have 
the  entire  charge  and  superintendence  of  such  work,  and 
the  plans  for  the  same  shall  be  subject  to  their  approval. 

Sec.  41.  Any  person  or  persons,  who  shall  injure  or  destroy 
any  bridge,  the  construction  of  which  may  have  been  hereto- 
fore or  may  be  hereafter  authorized  or  permitted  to  be  built 
by  the  common  council,  or  any  public  buildings  or  other  prop- 
erty belonging  to  said  city,  or  shall  cause  or  procure  the 
same  to  be  injured  or  destroyed,  or  who  shall  wantonly  spoil, 
or  damage  any  street,  alley,  sidewalk,  public  square  or 
ground,  shall  be  subject  to  a  penalty  not  exceeding  five 


Construction 
of  bridges  by 
private  en- 
terprise. 


Penalty  for 
willful  inju- 
ry to  public 
property. 


I 


PUBLIC   IMPROVEMEXTS   AND   SPECIAL   ASSESSMENTS.  85 

hundred  dollars  for  each  oflfense,  to  be  recovered  by  the  city 
in  an  action  of  debt,  and  may  be  imprisoned  for  a  term  not 
exceeding  six  months,  in  the  discretion  of  the  court  before 
whom  such  conviction  may  be  had,  and  such  person  or  per- 
sons shall  also  be  liable  in  a  civil  action  at  the  suit  of  the 
city  for  the  damages  occasioned  by  such  injury  or  destruction. 

Sec.  42.  Upon  the  petition  of  a  majority  of  the  owners  improve- 
of  lots  upon  Michigan  avenue,  lying  between  Washington  ^^ic^^jgan 
street  and  the  north  line  of  a  short  street  running  from 
Michigan  avenue  to  lake  Michigan,  on  the  north  line  of  block 
twenty-three,  in  fractional  section  fifteen  addition  to  Chi- 
cago, it  shall  be  lawful  for  the  common  council  to  increase 
the  width  of  said  avenue  thirty-six  feet  upon  the  east  line 
thereof,  from  the  north  line  of  Randolph  street  to  the  north 
line  of  the  short  street  running  from  Michigan  avenue  to 
lake  Michigan,  on  the  north  line  of  block  twenty-three,  in 
fractional  section  fifteen  addition  to  Chicago,  and  secure  the 
east  line  of  the  proposed  increase  of  width  by  a  substan- 
tial stone  wall,  so  far  as  the  same  is  necessary  for  this  pur- 
pose. Said  council  shall  grade  the  increased  width  afore- 
said, to  a  line  of  the  present  level  of  said  street  or  avenue, 
and  devote  twenty  feet  of  said  width  to  the  present  road 
bed,  graveling  the  same  as  the  present  road  bed  is  graveled, 
and  upon  the  remaining  sixteen  feet  of  said  increased  width, 
construct  and  lay  down  a  good  and  substantial  stone  side- 
walk, and  upon  the  wall  aforesaid,  so  far  as  the  same  is 
constructed,  and  upon  a  proper  stone  foundation  to  be  built, 
erect  upon  the  same,  a  good  and  substantial  iron  fence,  along 
the  whole  line  aforesaid.  The  said  common  council,  to 
defray  the  expense  of  said  improvement,  are  hereby  author- 
ized to  have  the  same  assessed  by  the  board  of  public  works, 
two-thirds  of  which  shall  be  assessed  upon  the  blocks  of 
land  fronting  upon  Michigan  avenue,  and  lying  between 
Washington  street  and  Twelfth  street,  and  the  remaining  one- 
third  shall  be  paid  out  of  the  treasury  of  the  city. 

Sec.  43.  No  encroachment  shall  be  made  upon  the  land  ^ent^pr'o- 


86 


CITY  CHARTER. 


hibited  on 
grounds  east 
of  Michigan 
avenue. 


Repealing 
clause. 


or  water,  west  of  a  line  mentioned  in  the  second  section  of 
an  ordinance  concerning  the  Illinois  Central  Railroad, 
(which  line  is  "not  less  than  four  hundred  feet  east  from 
the  west  line  of  Michigan  avenue,  and  parallel  thereto,") 
by  any  railroad  company,  nor  shall  any  cars,  locomotives, 
engines,  machines  or  other  things  belonging  to  any  railroad 
or  transportation  company  be  permitted  to  occupy  the  same, 
nor  shall  any  cars  or  machinery  be  left  standing  upon  said 
tract  fronting  any  part  of  Michigan  avenue  south  of  Madison 
street,  nor  shall  the  city  council  ever  allow  any  encroach- 
ments west  of  the  line  above  described.  And  any  person 
being  the  owner  of,  or  interested  in  any  lot  or  part  of  a  lot 
fronting  on  Michigan  avenue,  shall  have  the  right  to  enjoin 
said  company  and  all  other  persons  and  corporations  from 
any  violations  of  the  provisions  of  this  section,  or  of  said 
ordinance,  and  by  bill  or  petition  in  chancery  in  his  or  their 
own  name,  or  otherwise,  enforce  the  provisions  of  said 
ordinance,  and  of  this  section,  and  recover  such  damages 
for  any  such  encroachment  or  violation,  as  the  court  shall 
deem  just ;  the  state  of  Illinois,  by  its  canal  commissioners, 
having  declared  that  the  public  ground  east  of  said  lots 
should  forever  remain  open  and  vacant,  neither  the  common 
council  of  the  city  of  Chicago,  nor  any  other  authority  shall 
ever  have  the  power  to  permit  encroachments  thereon, 
without  the  assent  of  all  the  persons  owning  lots  or  land  on 
said  street  or  avenue. 

Sec.  44.  All  provisions  of  former  acts  relating  to  the 
levying  of  special  assessments  in  the  city  of  Chicago  are 
hereby  repealed :  Provided,  however,  that  the  city  shall 
have  the  right  to  continue  and  complete  all  proceedings 
commenced  under  any  former  law  or  ordinance,  and  shall 
have  and  enjoy  all  the  rights  accrued  or  to  accrue  there- 
under, the  same  as  if  said  provisions  remained  in  full  force 
and  effect. 


OF   TAXATION.  87 


Council  to 
levy  taxes. 


CHAPTER  VIII. 

OF  TAXATION. 

Section.  Section. 

1.  Power  to  levy  tax  for  general  purposes ;        4.  Improvements  on  school  and  canal  landi? 

for  schtM^ls;    for  police  expenses;    for  and   wharfiug   privileges,   subject   to 

reform   school ;   for  lighting   streets ;  taxation, 

for  sewerage  purposes ;  for  interest  on  5.  Insurance  rates ;  how  collected, 

funded  debt;  for  permanent  improve-  6.  Insurance  rates,  how  appropriated, 

ments :  to  pay  temporary  loans.  7.  Repeal  of  sections  6,  7,  8  and  9.  of  act  to 

2.  Sinking-fund  tax.  incorporate  Firemen's  Benevolent  As- 

3.  Street  tax  abolished.  sociation. 

Section  1.  The  common  council  shall  have  power,  within 
the  city,  by  ordinance : 

First.     To  annually  levy  and  collect  taxes,  not  exceeding  F^IV^";!*'!;®' 

J  J  '  O   half  mdls  for 

four  and  a  half  mills  on  the  dollar,  on  the  assessed  value  of  ^!°!rf  ^^" 
all  real  and  personal  estate,  in  the  city,  made  taxable  by 
the  laws  of  this  state,  to  defray  the  contingent  and  other 
expenses  of  the  city,  not  herein  otherwise  specially  provided 
for ;  which  taxes  shall  constitute  the  general  fund. 

Second.     To  annually  levy  and  collect  a  school  tax,  not  Tyomiiisfor 
exceeding  two  mills  on  the  dollar,  on  all  taxable  real  and 
personal  estate,  to  meet  the  expenses  of  purchasing  grounds 
for  school  houses,  and  building  and  repairing  school  houses, 
and  supporting  and  maintaining  schools. 

Third.     To  annually  levy  and  collect  a  tax,  not  exceeding:  Two  muisfor 

•^  *  '  o   police  expen- 

two  mills  on  the  dollar,  on  all  taxable  real  and  personal  '*''^- 
estate,  for  the  police  expenses  of  said  city. 

Fourth.     To  annually  levy  and  collect  a  tax,  not  exceed-  Onemiiifor 

•^  "^  '  reform 

ing  one  mill  on  the  dollar,  on  all  taxable  real  and  personal  ^*^'^'^^- 
estate,  for  the  support  of  the  reform  school. 

Fifth.     To  annually  levy  and  collect  a  tax,  not  exceedinir  Twomiiisfor 

''J  '  o   lighting 

two  mills  on  the  dollar,  on  all  taxable  real  and  personal  ^^"^**- 
estate,  to  defray  the  expense  of  lighting  the  streets  in  said 
city. 

jSixth.     To  annually  levy  and  collect  a  tax  of  sufficient  f^^'"*s« 


88  CITY    CHARTER. 


amount,  on  all  taxable  real  and  personal  estate,  to  pay  the 
interest  accruing  on  the  sewerage  debt,  and  provide  a  sinking 
fund  for  the  liquidation  of  said  debt,  and  to  maintain  the 
sewerage  works  and  keep  the  same  in  repair. 
Interest  tax.      Seventh.     To  annually  levy  and  collect  a  tax  of  sufficient 
amount  on  all  taxable  real  and  personal  estate,  to  meet  the 
interest  accruing  on  the  general  bonded  debt  of  said  city, 
and  also  to  provide  for  the  interest  accruing  upon  the  water- 
loan  bonds,  in  case  the  revenue  from  the  water  works  should 
be  insufficient  to  pay  the  same. 
K  ^ii^fo^      Eighth.     To  annually  levy  and  collect  a  tax,  not  exceed- 
fmp™ov«^°*    ing  two  and  a  half  mills  on  the  dollar,  on  all  taxable  real 
^^^  ^'         and  personal  estate,  when  required,  for  the  erection  of  a 
city  hall,  markets,  bridewell  or  house  of  correction,  or  other 
public  buildings,  the  purchase  of  grounds  therefor,  or  for 
public  squares  or  parks,  the  building  of  bridges,  improve- 
ment of  the  river  and  harbor,   or  any  other   permanent 
improvement :  Provided,  that  no  tax  shall  be  levied  under 
this  clause,  unless  a  majority  of  all  the  aldermen  elected 
shall  vote  in  favor  of  the  same. 
temporarj        iVm^A.     To  annually  levy  and  collect  a  tax  of  sufficient 
^°^^"  amount,   on   all   taxable  real  and   personal   estate,   when 

required,  to  pay  any  debt  that  may  have  been  contracted 
for  money  borrowed,  during  the  preceding  year,  to  provide 
for  the  expense  incurred  in  making  any  public  improvement 
caused  by  any  casualty  or  accident  happening  after  the 
making  of  the  annual  appropriation  for  such  year,  or  to  pay 
any  judgment  that  may  have  been  recovered  against  the 
city  and  paid  during  such  previous  year. 
Smking-fimd  gj7c.  2,  The  commou  council  shall  also  annually  levy  and 
collect  a  tax  of  one  mill  on  the  dollar  on  all  real  and 
personal  estate  in  said  city,  made  taxable  by  the  laws  of 
this  state,  to  provide  a  sinking  fund  for  the  liquidation  of 
the  general  bonded  debt  of  said  city,  which  amount  shall  be 
invested  in  the  purchase  of  the  bonds  of  said  city,  if  they 
can  be  purchased  upon  satisfactory  terms.     All  city  bonds 


OF  TAXATION.  89 


SO  purchased  shall  be  immediately  retired  and  canceled. 

abolLshed. 


Sec.  3.  The  provision  heretofore  in  force,  requiring  every  fJXhS! 
male  resident  of  the  city,  over  the  age  of  twenty-one  years, 
and  under  the  age  of  sixty  years,  to  labor  three  days  in  each 
year  upon  the  streets  and  alleys,  or  to  commute  therefor  at 
the  rate  of  fifty  cents  for  each  day's  labor,  is  hereby 
abolished. 

Sec.  4.  All  improvements  on  any  school  or  canal  lands  ["Kt 
or  lots,  and  all  improvements  on  the  wharfing  privileges  in  Sx^ie!^°  ^ 
said  city,  together  with  the  interest  of  the  lessees  or  occu- 
pants in  the  premises,  whether  by  lease,  covenant,  or  deed, 
shall  be  subject  to  taxation,  as  real  estate.     And  the  personal 
property  of  the  owner  of  such  improvements,  shall  be  liable  ^ro^ert^' 
for  such  taxes,  and  upon  a  failure  to  pay  the  same,  the  col-  ^^^^^■ 
lector  may  levy  upon  and  sell  the  goods  and  chattels  of  such 
occupant  or  lessee,  for  the  payment  thereof  and  costs.    And 
in  case  such  lessee  or  occupant  shall  have  no  personal  estate, 
and  neglect  to  pay  the  taxes,  the  interest  of  such  lessee  or 
occupant  in  such  premises,  together  with  the  improvements, 
may  be  sold  as  real  estate :  Provided,  the  purchaser  shall 
acquire  no  greater  rights  in  the  land  than  the  tenant  or  occu- 
pant thereof  had,  but  shall  take  the  same  subject  to  all  the 
covenants  and  agreements  in  relation  thereto. 

Sec.  5.  All  corporations,  companies  or  associations,  not  JjJ^^°^® 
incorporated  under  the  laws  of  this  state,  engaged  in  said 
city  in  effecting  fire,  marine,  or  life  insurance,  shall  pay  to 
the  city  treasurer  the  sum  of  two  dollars  upon  the  hundred 
dollars,  and  at  that  rate  upon  the  amount  of  all  premiums, 
which,  during  the  half  year  ending  on  every  first  day  of 
July  and  January,  shall  have  been  received  or  have  been 
agreed  to  be  paid,  for  any  insurance  efi*ected  or  agreed  to  be 
eflected  in  said  city,  by  or  with  such  corporations,  compa- 
nies or  associations  respectively.  Every  person  who  shall 
act  in  said  city  as  agent,  or  otherwise,  for  or  on  behalf  of 
any  such  corporation,  company  or  association,  shall  on  or 
before  the  fifteenth  day  of  July  and  January  in  each  year, 


90  CITY    CHARTER. 


render  to  the  city  comptroller  a  full,  true  and  just  account, 
verified  by  his  oath,  of  all  premiums  which,  during  the  half 
year  ending  on  every  first  day  of  July  and  January  preced- 
ing such  report,  shall  have  been  received  by  him  or  any 
other  person  for  him,  or  shall  have  been  agreed  to  be  paid, 
for  or  in  behalf  of  any  such  corporation,  company  or  asso- 
ciation, and  shall  specify  in  said  account,  the  amounts  receiv- 
ed for  fire,  marine,  and  life  insurance  respectively.  Said 
agents  shall  also  pay  over  to  the  city  treasurer  at  the  time 
of  rendering  the  aforesaid  account,  the  amount  of  rates  for 
which  the  company  or  companies  represented  by  them  are 

Suft^pnv^  severally  chargeable  by  virtue  hereof.     If  such  account  be 

doing  busi-"^  not  rendered  on  or  before  the  day  hereinbefore  designated 
for  that  purpose,  or  if  the  said  rates  shall  remain  unpaid 
after  that  day,  it  shall  be  unlawful  for  any  corporation, 
company  or  association  so  in  default,  to  transact  any  busi- 
ness of  insurance  in  said  city,  until  the  said  requisitions 
shall  have  been  fully  complied  with  :  but  this  provision  shall 
not  relieve  any  company  from  the  payment  of  any  risk  that 

vStiJn.*'^  niay  be  taken  in  violation  hereof.  Any  person  or  persons 
violating  any  of  the  provisions  of  this  section  shall  be  sub- 
ject to  indictment,  and  upon  conviction  thereof  in  any  court 
of  competent  jurisdiction,  shall  be  fined  in  any  sum  not 
exceeding  one  thousand  dollars,  or  imprisoned  not  exceeding 
six  months,  or  both,  in  the  discretion  of  the  court.  Said 
rates  may  also  be  recovered  of  such  corporation,  company 
or  association,  or  its  agent,  by  action  in  the  name  and  for  the 
use  of  said  city  as  for  money  had  and  received  for  its  use. 

Bispositionof      gEC.  6.  The  comptroller  shall  keep  three  separate  accounts 

insiirance  a  r  r 

of  the  moneys  received  from  said  insurance  agents,  one  of 
which  shall  embrace  all  rates  collected  on  premiums  for  fire 
insurance,  the  second,  all  rates  collected  on  premiums  for 
marine  insurance,  and  the  third,  all  rates  collected  on 
premiums  for  life  insurance.  The  fire  insurance  rates  shall 
be  used  only  for  the  purpose  of  promoting  the  efficiency  of 
the  fire  department  of  said  city,  and  providing  a  fund  for 


insiirance 
rates. 


OF   TAXATION.  91 


the  relief  of  disabled  firemen ;  the  marine  insurance  rates 
shall  be  exclusively  appropriated  to  the  improvement  of  the 
river  and  harbor ;  and  the  life  insurance  rates,  to  such 
sanitary  measures  as  may  be  deemed  necessary  for  the 
promotion  of  the  public  health. 

Sec.  7.  Sections  six,  seven,  eight  and  nine,  of  an  act  fi^S''"^ 
approved  June  21st,  1852,  and  entitled  "^An  Act  to  incor- 
porate the  Firemen's  Benevolent  Association  and  for  other 
purposes,"  and  all  other  acts  and  parts  of  acts,  so  far  as 
they  require  any  individual,  association  or  corporation 
engaged  in  the  business  of  insurance,  or  any  agent  thereof, 
to  pay  any  money  to  said  Firemen's  Benevolent  Association, 
upon  their  business  profits  or  premiums,  are  hereby  repealed. 


92 


CITY    CHARTER. 


CHAPTER   IX. 


COLLECTION  OF  TAXES  AND  ASSESSMENTS. 


Section. 

1.  Valuation  of  taxable  property  by  assess- 

ors; appraisal  to  be  filed  in  clerk's 
oflSce  by  first  Monday  in  August;  no- 
tice of  meeting  to  hear  objections. 

2.  Assessors  to  hear  and  consider  objec- 

tions ;  power  to  revise  assessment. 

3.  Tax  list  of  real  estate  to  be  made  by 

clerk ;  form  of  the  list ;  personal  tax 
list. 

4.  Levy  of  annual  taxes  by  common  coun- 

cil. 

5.  Amount  of  taxes  to  be  computed  by 

city  clerk  and  inserted  in  tax  lists; 
collection  warrants. 

6.  Delivery  of  warrants  to  collector. 

7.  Special  assessment  warrants,  how  and 

when  to  be  issued. 

8.  Delivery  thereof  to  collector. 

9.  Notices  to  be  given  by  collector;  duty 

of  collector  to  levy;  personal  tax  a 
lien  on  property. 

10.  Taxes  made  a  lien  on  real  estate  from 

May  first ;  on  personal  property  from 
•  delivery  of  warrant  to  collector. 

11.  Five  per  cent,  damages  to  be  collected 

on  taxes  not  paid  on  or  before  first  of 
January ;  one  per  cent,  a  month  on 
special  assessments  if  not  paid  within 
sixty  days  after  publication  of  notice. 

12.  Application  for  judgment  against  delin- 

quent real  estate ;  notice  to  be  given. 

13.  Copy  of  advertisement  to  be  filed  in 

court. 

14.  Tax   and    assessment    suits ;    mode  of 

docketing. 

15.  Judicial  proceedings  in  such  cases. 


Valuation  of 
taxable  prop' 
erty. 


18. 
19. 


20. 


Section. 

16.  Order  of  sale. 

17.  Clerk  to  issue  process  for  sale ;  collector 
empowered  to  sell ;  notice  of  sale. 

Contents  of  advertisement. 
Abbreviations  may  be  used  to  describe 

property. 
Mode  of  conducting  sale;  certificates  of 

purchase. 

21.  Purchasers  to   make    immediate  pay- 

ment; in  case  of  default  property  to 
be  again  offered;  in  the  absence  of 
bidders  property  to  be  struck  off  to 
the  city. 

22.  Return  of  precept  by  collector ;  record 

of  sales  to  be  kept  by  comptroller ; 
certified  copies  made  evidence. 

23.  Redemption  from  sale,  when  and  by 

whom  made ;  when  deed  to  be  exe- 
cuted to  the  purchaser ;  an  abstract  of 
deeds  to  be  kept. 

24.  Certificates  of  purchase  assignable. 

25.  Erroneous  sales  to  be  canceled. 

26.  Deeds  prima  facie  evidence  of  certain 

facts ;  of  what  conclusive. 

27.  Successor  of  collector  authorized  to  com- 

plete unfinished  proceedings ;  comp- 
troller to  act  in  case  of  vacancy. 

28.  Assessment  sales  to  be  made  at  same 

time  as  tax  sales,  unless  delayed  by 
judicial  proceedings. 
Assessors  and  collector  liable  for  neg- 
lect of  duty. 
Taxes  and  assessments  valid  notwith- 
standing formal  defects. 
31.  Redemption  from  sale  when  property 
is  sold  a  second  time  ^v^thin  two  years 


29. 


30. 


When  to  bo 
completed 
and  filed. 


Section  1.  The  assessors  shall,  immediately  after  their 
appointment  in  each  year,  proceed  to  examine  and  determine 
the  valuation  of  the  taxable  real  and  personal  estate  in  their 
respective  divisions.  Schedules  of  all  the  taxable  real  estate 
in  the  several  divisions  shall  be  furnished  by  the  city  clerk, 
to  aid  them  in  the  performance  of  their  duties,  upon  which 
they  shall  enter  their  valuations.  Said  appraisal,  together 
with  their  appraisal  of  all  the  personal  estate  taxable  in 
said  city,  shall  be  completed  and  filed  in  the  office  of  the 
city  clerk,  on  or  before  the  first  Monday  of  August  in  each 


COLLECTION   OP  TAXES   AND   ASSESSMENTS.  93 

year,  unless  further  time  shall  be  granted  by  the  common 
council ;  and  when  so  completed  and  filed,  the  said  assessors 
shall  fix  upon  a  day  for  hearing  objections  thereto,  and  the 
city  clerk  shall  give  notice  of  the  time  and  place  of  such  Notice. 
hearing,  by  six  days'  publication  thereof  in  the  corporation 
newspaper.  Any  person  feeling  aggrieved  by  the  assess- 
ment of  his  property,  may  appear  at  the  time  specified  and 
make  his  objections. 

Sec.  2.  The  said  assessors  shall  meet  at  the  time  and  Pp^ertore- 

vise. 

place  designated,  to  revise  and  correct  their  assessments. 
They  shall  hear  and  consider  all  objections  which  may  be 
made,  and  shall  have  power  to  supply  omissions  in  their 
assessment,  and  for  the  purpose  of  equalizing  the  same,  to 
alter,  add  to,  take  from,  and  otherwise  correct  and  revise 
the  same.  The  said  assessors  may,  if  necessary,  adjourn 
from  time  to  time,  until  their  revision  shall  have  been 
completed. 

Sec.  3.  When  said  revision  shall  have  been  completed,  Tax  list  of 

i  '   real  estate. 

the  city  clerk  shall  enter,  under  the  direction  of  said  assess- 
ors, in  one  or  more  books  to  be  prepared  for  that  purpose, 
a  complete  list  of  all  the  taxable  real  estate  in  said  city, 
according  to  the  schedules  as  returned  and  revised  by  the 
assessors,  showing  in  a  proper  column  to  be  ruled  for  that 
purpose,  the  names  of  the  different  owners,  so  far  as  known 
to  the  said  assessors,  and  in  another  column  the  amount  of 
the  valuation  made  in  each  case.  Said  books  shall  also 
have  ruled  therein  an  appropriate  column  for  extending  or 
inserting  the  amount  of  the  taxes  which  may  be  levied  upon 
said  property.  Said  book  or  books  shall  together  constitute 
the  tax-list  of  real  estate  for  such  year.  The  city  clerk  P^j-sonai-tax 
shall  also  enter,  under  the  direction  of  said  assessors,  in 
another  book  to  be  prepared  for  that  purpose,  a  complete 
list  of  the  taxable  personal  estate  in  said  city,  as  returned 
and  revised  by  said  assessors,  showing  in  the  proper  column 
the  names  of  the  different  persons  whose  property  has  been 
assessed,  and  in  other  columns  the  valuations  made  by  the 


94  CITY    CHARTER. 


assessors.  Said  book  shall  also  have  ruled  therein  an 
appropriate  column  for  extending  or  inserting  the  amount 
of  the  taxes  which  may  be  levied  thereon.  Said  book  shall 
constitute  the  personal  tax-list  for  such  year.  The  clerk 
shall  add  up  the  valuations  in  each  list,  and  the  aggregate 
amount  thereof  shall  be  entered  by  him  at  the  foot  of  the 
appropriate  column  on  the  last  page.  When  the  said  tax- 
lists  shall  have  been  so  completed,  they  shall  be  signed  by 
the  said  assessors  and  left  in  the  custody  of  the  city  clerk, 
and  shall  constitute  the  only  record  to  be  referred  to  in  any 
case  in  which  their  said  assessments  may  be  drawn  in 
question. 
Tax  levy.  gj;c.  4.  The  commou  council  shall  thereupon,  by  an  ordi- 

nance or  resolution,  levy  such  sum  or  sums  of  money  as  may 
be  sufficient  for  the  several  purposes  for  which  taxes  are 
herein  authorized  to  be  levied  (not  exceeding  the  authorized 
percentage),  particularly  specifying  the  purpose  for  which 
the  same  are  levied. 

S'm^uted'b  S^^-  ^-  I*  ^^^^^  ^®  *^®  ^^^J  ^^  *^®  ^^*y  ^^®^^  *^  estimate 
serte/rn  tix  the  scvcral  taxcs  levied  by  the  common  council,  computing 
^^'  them  together  as  one  tax,  and  to  insert  the  total  amount  of 

such  taxes  in  the  appropriate  column  of  the  several  tax-lists, 
opposite  to  the  person  or  property  chargeable  therewith. 
Coiiectjon  "When  completed,  the  city  clerk  shall  attach  to  each  of  said 
tax-lists,  a  warrant,  under  the  corporate  seal,  to  be  signed  by 
the  mayor,  comptroller,  and  city  clerk,  directed  to  the  col- 
lector, commanding  him  to  make,  levy  and  collect,  as  the 
taxes  for  such  year,  the  several  sums  of  money  set  opposite 
to  the  real  and  personal  estate  or  persons  in  said  tax  lists 
mentioned  or  described,  of  the  goods  and  chattels  of  the 
respective  owners  of  such  real  and  personal  estate;  which 
warrants  shall  also  designate  the  names  and  rates  of  the 
several  taxes  included  therein. 
Delivery  of         g^^^  Q^   g^i  J  tax-lists,  with  the  Warrants  attached,  shall 

warrants  to  ' 

be  delivered  to  the  collector  by  the  comptroller,  on  or  before 
the  last  day  of  October  in  each  year,  and  shall  constitute 


collector. 


COLLECTION   OF   TAXES   AND   ASSESSMENTS.  95 

the  only  process  necessary  to  be  issued  for  the  collection  of 
the  annual  taxes.  The  comptroller  shall  take  a  receipt  from 
the  collector  for  the  said  tax-lists,  specifying  the  amount  of 
the  taxes  levied  in  each  list. 

Sec.  7.  AVhen  any  special  assessment  shall  have  been  con-  g^g^g^'lln?" 
firmed  by  the  common  council,  and  no  right  of  appeal  there-  '^*""'*°*^- 
from  is  given  by  this  act,  it  shall  be  the  duty  of  the  city 
clerk  to  issue  a  warrant  for  the  collection  thereof,  which 
shall  be  under  the  corporate  seal  and  signed  by  the  mayor, 
comptroller  and  city  clerk,  and  shall  contain  a  copy  of  the 
assessment  roll  as  confirmed  by  the  common  council,  or  so 
much  thereof  as  describes  the  real  estate  assessed  and  the 
amount  of  the  assessment  in  each  case.  If  the  right  of 
appeal  from  the  order  of  confirmation  should  exist  in  any 
case,  said  warrant  shall  not  be  issued  until  the  expiration  of 
the  time  limited  for  the  taking  of  such  appeal ;  and  if  in 
any  case  an  appeal  should  be  actually  taken,  the  issuing  of 
the  warrant  shall  be  delayed  until  after  the  determination 
of  such  appeal. 

Sec.  8.  All  warrants  issued  for  the  collection  of  special  Delivery  to 

^  collector. 

assessments,  shall  be  delivered  by  the  comptroller  to  the 
collector,  taking  his  receipt  therefor  in  the  manner  prescribed 
in  the  case  of  warrants  for  the  collection  of  the  annual  taxes. 

Sec.  9.  Upon  the  receipt  of  any  warrant  for  the  collec-  Notices  to  be 

i  r  J  given  by  coi- 

tion of  the  annual  taxes,  or  any  special  assessment,  the  col-  ^®*^*^^- 

lector  shall  forthwith  give  notice,  by  ten  days'  publication 
in  the  corporation  newspaper,  that  such  warrant  is  in  his 
hands  for  collection,  briefly  describing  its  nature,  and  re- 
questing all  persons  interested  to  make  immediate  payment 
at  his  ofiice,  and  that  in  default  thereof  the  same  will  be 
collected  at  the  cost  and  expense  of  the  persons  liable  for 
the  payment  of  such  taxes  or  assessments.  Immediately 
after  receiving  the  personal-property  tax-list,  he  shall  notify 
all  persons  through  the  post  office  of  the  amount  of  their 
personal-property  tax.  In  the  notice  to  be  published  in  the 
corporation  newspaper,  he  shall  notify  all  parties  interested, 


96  CITY    CHARTER. 


that  after  the  expiration  of  sixty  days  from  the  day  of 
Duty  to  levy,  receiving  said  list,  he  will  levy  upon  the  personal  property 
of  all  who  shall  have  failed  to  pay ;  and,  at  the  end  of  sixty 
days,  he  shall  so  levy,  if  property  belonging  to  such  delin- 
quent persons  can  be  found ;  and  he  shall  be  liable  for  the 
amount  of  their  tax  in  case  of  neglecting  to  do  so.  Where 
persons  cannot  be  found,  or  property  belonging  to  them,  out 
of  which  to  make  the  tax,  the  collector  shall  advertise  their 
names  and  call  for  information  concerning  them  and  their 
property,  and  state  the  amount  of  their  tax  in  the  corpora- 
tion newspaper  ;  and  this  tax  shall  be  a  lien  upon  any  prop- 
erty they  may  have  or  may  thereafter  acquire,  until  paid  ; 
and  the  collector  or  his  successor  in  office  may  at  any  time 
thereafter  levy  for  the  same.  But  nothing  in  this  section 
contained  shall  be  so  construed,  as  to  prevent  the  collector 
from  levying  at  any  time  after  the  publication  of  the  ten 
days'  notice  above  required. 
Taxes  a  lien       g^c.  10.  All  taxcs  Icvicd  bv  tlic  commou  council  under 

on  real  estate  "^ 

from  first  of  ^]^jg  act,  shall  bc  a  lien  upon  the  real  estate  on  which  the 
same  may  be  imposed,  and  said  lien  shall  continue  until  said 
taxes  are  paid.  Every  person  owning  real  property  on  the 
first  day  of  May,  including  all  such  property  purchased  on 
that  day,  shall  be  liable  for  the  taxes  thereon  for  that  year. 

Lieu  on  per-  The  city  taxcs  shall  also  be  a  lien  on  the  personal  property 

ty-  of  all  persons  owing  taxes,  from  and  after  the  delivery  of 

the  warrant  for  the  collection  thereof  to  the  collector ;  and 
no  sale  or  transfer  of  said  property  shall  affect  the  lien,  but 
the  said  property  may  be  seized  by  the  collector  wherever 
found,  and  removed,  if  necessary,  and  sold  to  discharge  the 
taxes  of  the  person  owing  the  same ;  and  the  same  proceed- 
ings may  be  resorted  to  by  the  collector  upon  any  warrant 
issued  for  the  collection  of  a  special  assessment. 

Damages,  ggc.  11.  If,  froui  any  cause,  the  taxes  charged  in  the 

when  collect-  '  ini  •  i  iii 

ibie.  real-estate  tax-list  shall  not  be  collected  or  paid,  on  the  lands 

or  lots  described  therein,  on  or  before  the  first  day  of  January 
ensuing  the  date  of  the  warrant,  it  shall  be  the  duty  of  the 


COLLECTION   OF   TAXES   AND   ASSESSMENTS.  97 

collector  to  demand  and  collect,  for  the  use  of  said  city,  in 
addition  to  the  taxes  remaining  unpaid,  five  per  cent,  dama- 
ges thereon  in  every  case ;  and  if  the  assessments  charged 
in  any  special-assessment  warrant  shall  not  be  paid  within 
sixty  days  after  the  first  publication  of  notice  by  the  col- 
lector that  he  has  received  such  warrant  for  collection,  the 
assessments  then  remaining  unpaid  shall  be  collected  with 
damages,  at  the  rate  of  one  per  cent,  thereon  for  each  and 
every  month  thereafter  until  the  same  shall  be  paid. 

Sec.  12.  It  shall  be  the  duty  of  the  collector,  between  the  Application 

•^  '  forjudgmeat 

fifteenth  day  of  January  and  the  last  day  of  February  in  q^eS^proJI 
each  year,  to  make  report  to  some  court  of  general  jurisdic-  ^'^^^ 
tion  held  in  said  city,  at  any  special  or  general  term  thereof, 
of  all  the  taxes  and  assessments  then  remaining  unpaid  upon 
the  real-estate  tax-list,  and  all  special-assessment  warrants 
which  were  delivered  to  him  on  or  before  the  last  day  of  the 
preceding  October,  asking  for  judgment  against  the  several 
lots  and  parcels  of  land,  or  other  property  described  in  such 
list  or  warrants,  for  the  amount  of  taxes,  assessments, 
damages  and  costs  respectively  due  thereon.  The  collector  ^^•'tit^^- 
shall  give  notice,  by  six  days'  publication  thereof  in  the 
corporation  newspaper,  of  hi?  intended  application  for  judg- 
ment, which  shall  briefly  specify  the  nature  of  the  respective 
warrants  upon  which  such  application  is  to  be  made,  and 
request  all  persons  interested  to  attend  at  such  term.  The 
advertisement,  so  published,  shall  be  deemed  and  taken  to  be 
sufficient  and  legal  notice  of  the  aforesaid  intended  applica- 
tion by  the  collector  to  such  court  for  judgment,  and  shall 
be  held  a  sufficient  demand  and  refusal  to  pay  the  said  taxes 
and  assessments. 

Sec.  18.  The  collector  shall  olitain  a  copy  of  the  adver-  S7t?'be 
tisement   or  advertisements   referred  to   in   the   preceding  ^*^'*' 
section,  together  witli  a  certificate  of  tlie  due  publication 
thereof,  from  the  printer  or  publisher  of  the  newspaper  in 
which  the  same  was  published,  and  shall  file  the  same  with 
the  clerk  of  such  court  at  the  said  term,  with  said  reports. 


98  CITY    CHARTER. 


ceedings. 


Tax  and  as-      Sec.  14.  TliG  clei'k  of  Said  coui't,  upon  the  filino;  of  such 

sessment 

suits.  reports,   by  the  collector,  shall  receive  and  preserve  the 

same,  and  shall  record  thereon  all  judgments,  orders  and 
other  proceedings  of  said  court  in  relation  thereto.  Each 
of  said  reports  shall  constitute  a  separate  suit,  and  shall  be 
docketed  by  the  clerk  in  the  following  form  as  nearly  as 
may  be,  to-wit : 

City  of  Chicago,  vs. and  other's.  — Suit  for  Taxes. 

Or  if  it  be  an  assessment  for  some  specified  improvement,  in 
the  manner  following : 

City  of   Cfdcago^  vs. and  others. Suit  for 

Assessment  on  Warrant,  for .  Or  in  such  other 

manner  as  will  sufficiently  indicate  the  nature  of  the  im- 
provement for  which  the  assessment  is  due. 

Judicial  pro  gjc.  15,  It  shall  bc  the  duty  of  the  court,  upon  the  filing 
of  said  reports,  to  proceed  immediately  to  the  hearing  of 
the  same,  and  they  shall  have  priority  over  all  other  causes 
pending  in  said  court.  The  said  court  shall  pronounce 
judgment  against  the  several  lots  and  parcels  of  land  or 
other  property  described  in  said  reports,  for  which  no 
objections  shall  be  filed,  for  the  amount  of  the  tax  or  assess- 
ment, damages  and  costs  due  severally  thereon.  The  owner 
of  any  property  described  in  said  reports,  or  any  person 
beneficially  interested  therein,  may  appear  at  said  court,  at 
the  time  designated  in  the  collector's  notice,  and  file  objec- 
tions in  writing  to  the  recovery  of  judgment  against  such 
property;  but  no  objection  shall  be  sustained  founded  on 
any  mere  formal  irregularity  or  defect.  The  court  shall 
hear  and  determine  all  objections  in  a  summary  way,  without 
pleadings  ;  and  shall  dispose  of  the  same  with  as  little  delay 
as  possible  consistently  with  the  demands  of  public  justice. 
But  should  justice  require  that  for  any  cause  the  suit  as  to 
one  or  more  owners  should  be  delayed  for  more  than  twenty 
days,  judgment  shall  then  be  rendered  as  to  the  other 
property  and  lands,  and  process  shall  issue  for  the  sale 
thereof  the  same  as  in  all  other  cases. 


COLLECTION   OF   TAXES   AND   ASSESSMENTS.  99 

Sec.  16.  In  all  cases  where  judgment  shall  be  rendered  Order  of  sale, 
by  default  against  the  property  described  in  said  reports, 
the  court  sliall  thereupon  direct  said  clerk  to  make  out  and 
enter  an  order  for  the  sale  of  the  same,  which  said  order 
shall  be  substantially  in  the  following  form : 

Whereas,  Due  notice  lias  been  given  of  the  intended  application  for 
a  judgment  against  said  lands  and  other  property,  and  no  owner  hath 
appeared  to  make  defense  or  show  cause  why  judgment  should  not  be 
entered  against  the  said  lands  and  other  property  for  the  taxes,  (or 
assessment,  as  the  case  may  be,)  damages  and  costs  due  and  unpaid 
thereon;  therefore,  it  is  considered  by  the  court,  that  judgment  be  and 
is  hereby  entered  against  the  aforesaid  lots  and  parcels  of  land  and 
other  property,  in  favor  of  the  city  of  Chicago,  for  the  sum  annexed  to 
each  lot  or  parcel  of  land  or  other  property,  being  the  amount  of  the 
taxes,  (or  assessment,)  damages  and  costs  due  severally  thereon;  and 
it  is  ordered  by  the  court  that  the  said  several  lots  and  parcels  of  land 
or  other  property,  or  so  much  thereof  as  shall  be  sufficient,  of  each  of 
them,  to  satisfy  the  amount  of  the  taxes,  (or  assessment,)  damages  and 
costs  annexed  to  them  severally,  be  sold  as  the  law  directs. 

In  all  cases  where  a  defence  shall  be  interposed,  and  judg- 
ment shall  be  rendered  against  the  property,  a  similar  order, 
adapted  to  the  circumstances  of  the  case,  shall  be  made  out 
and  entered  of  record.  Ten  cents  costs  shall  be  taxed  to 
each  lot  against  which  judgment  is  rendered ;  five  cents  to 
be  for  clerk's  and  judge's  fees,  and  five  cents  for  advertising 
the  notice  of  sale. 

Sec.  17.  It  shall  be  the  duty  of  the  clerk  of  such  court,  Sie!'""  ^'' 
within  twenty  days  after  such  order  is  granted  as  aforesaid, 
to  make  out,  under  the  seal  of  said  court,  a  copy  of  so  much 
of  said  collector's  report  in  such  case  as  gives  a  description 
of  the  land  or  other  property  against  which  judgment  shall 
have  been  rendered,  and  the  amount  of  such  judgment, 
together  with  the  order  of  the  court  thereon ;  which  shall 
constitute  the  process  on  which  all  lands,  lots,  sub-lots, 
pieces  and  parcels  of  land  or  other  property,  shall  be  sold 
for  the  amount  of  any  taxes,  assessments,  damages  and 
costs  so  levied,  assessed  or  charged  upon  them :  and  tlie  said 
city  collector  is  hereby  expressly  authorized  and  empowered 


100  CITY    CHARTER. 


Notice  of  to  make  sale  of  such  lands,  lots,  pieces,  or  parcels  of  land 
or  other  property,  upon  ten  days'  notice,  to  be  published  at 
least  three  times  in  some  newspaper  printed  in  said  city. 

Contents  of        g^Q^  jg^  ^j^g  g^id  advertisement,  so  to  be  published  in 

notice.  '  ^ 

each  case  of  a  judgment  upon  any  special  or  general  collec- 
tion warrant  and  report  as  aforesaid,  shall  contain  a  list  of 
the  delinquent  lots  and  parcels  of  land  or  other  property  to 
be  sold,  the  names  of  the  owners,  if  known,  the  amount  of 
the  judgments  rendered  thereon  respectively,  and  the  war- 
rant upon  which  the  same  was  rendered,  the  court  which 
pronounced  the  judgment,  and  a  notice  that  the  same  will  be 
exposed  to  public  sale  at  a  time  and  place  to  be  named  in 
said  advertisement  by  said  collector.  The  omission  of  the 
name  of  any  owner,  or  any  mistake  respecting  the  same, 
shall  not  invalidate  the  sale,  if  the  property  be  otherwise 
described  with  sufficient  certainty.  The  proceedings  may 
be  stopped  at  any  time  upon  payment  of  said  judgment  to 
the  collector. 
Abbreviar  ^EC.  19.  In  all  procccdings  and  advertisements  for  the 

collection  of  such  taxes  and  assessments,  and  the  sale  of 
lands  therefor,  letters  and  figures  may  be  used  to  denote 
lots,  sub-lots,  lands  and  blocks,  sections,  townships,  ranges, 
and  parts  thereof,  the  year  and  the  amounts. 


tions 


Mode  of  con-       Sec.  20.   The  salc  shall  be  made  for  the  smallest  portion 

ducting  sale. 

of  ground,  (to  be  taken  from  the  east  side  of  the  premises,) 

for  which  any  person  will  take  the  same  and  pay  the  amount 

Certificates    of  ^hc  iudojment  thereon.     Certificates  of  sale  shall  be  made 

of  purch-ase.  «*       o 

and  subscribed  by  the  collector,  which  shall  be  delivered  to 
the  purchaser,  which  certificates  shall  contain  the  name  of 
the  purchaser,  a  description  of  the  premises  sold,  the  amount 
of  the  tax  or  assessment,  with  the  amount  of  the  judgment 
for  which  the  same  was  sold,  and  the  time  when  the  right 
to  redeem  will  expire.  The  coUector  shall  continue  such 
sale  from  day  to  day,  until  all  the  lots  or  parcels  of  land  or 
other  property  contained  in  his  precept,  on  which  judgment 
remains  unpaid,  shall  be  sold  or  oifered  for  sale. 


COLLECTION   OF   TAXES   AND   ASSESSMENTS.  101 

Sec.  21.  The  person  purcliasinc:  any  lot  or  parcel  of  land  Purchasers 

r  r  o         J  r  to  make  im- 

or  other  property,  shall  forthwith  pay  to  the  collector  the  ^^^J^^^'^  p"^' 

amount  of  the  judgment  due  thereon,  and  on  failure  so  to 

do,  the  said  property  shall  be  again  offered  for  sale  in  the 

same  manner  as  if  no  such  sale  had  been  made ;  and  in  no 

case  shall  the  sale  be  closed  until  payment  shall  have  been 

made.     If  no  bid  shall  be  made  for  any  parcel  of  land,  or  if  no  i>i(i, 

•^    •"•  property  to 

other  property,  the  same  shall  be  struck  off  to  the  city  ;  and  f'^t^^'^h'^'''^ 
thereupon  the  city  shall  receive,  in  the  corporate  name,  a 
certificate  of  the  sale  thereof,  and  shall  be  vested  with  the 
same  rights  as  other  purchasers  at  such  sales. 

Sec;  22.  The  collector  shall  make  return  of  his  precept  Return  of 

precept. 

to  the  court  from  which  the  same  was  issued.     A  record  of  Kecoru  of 

sales* 

all  sales  made  by  the  collector  shall  be  kept  in  the  office  of 
the  comptroller,  which  shall  be  open  to  public  inspection  at 
all  reasonable  times ;  and  said  record  or  copies  thereof,  certi- 
fied by  said  comptroller,  shall  be  deemed  sufficient  evidence  to 
prove  the  saleof  any  land  or  other  property  for  taxes  or  assess- 
ments, or  any  other  fact  authorized  to  be  recorded  therein. 

Sec.  23.  The  right  of  redemption  in  all  cases  of  sales  for  Redemption. 
taxes  or  assessments,  shall  exist  to  the  owner,  his  heirs, 
creditors,  or  assigns,  to  the  same  extent  as  is  allowed  by 
law,  in  the  case  of  sales  of  real  estate  for  taxes,  on  the  pay- 
ment, in  lawful  money  of  the  United  States,  of  double  the 
amount  for  which  the  same  was  sold,  and  all  taxes  accruing 
subsequent  to  the  sale,  with  interest  at  the  rate  of  ten  per 
cent,  per  annum.  If  the  real  estate  of  any  infant,  feme- 
covert,  or  lunatic,  be  sold  under  this  act,  the  same  may  be 
redeemed,  at  any  time  within  one  year  after  such  disability 
shall  be  removed,  lledemption  shull  be  made  by  the  pay- 
ment of  the  amount  of  redemption  money  to  the  treasurer, 
and  taking  his  voucher  therefor,  and  filing  the  same  in  the 
office  of  said  comptroller,  who  sliall  thereupon  note  the  fact 
of  said  redemption  upon  his  record  of  sales ;  or,  any  person 
holding  a  certificate  of  sale  may  surrender  the  same  to  tlic 


102 


CITY    CHARTER. 


If  not  re- 
deemed, a 
deed  to  be 
given. 


comptroller  to  be  canceled,  and  the  fact  shall  in  like  manner 
be  noted  upon  said  record.  Upon  the  return  of  the  certifi- 
cate, or  proof  of  its  loss,  and  the  filing  with  the  comptroller 
of  the  afiidavit  required  by  the  constitution  of  this  state,  if 
the  property  shall  not  have  been  redeemed  according  to  law, 
a  deed  shall  be  executed  to  the  purchaser,  or  his  assignee, 
under  the  corporate  seal,  signed  by  the  mayor,  comptroller 
and  clerk,  conveying  to  such  purchaser  or  assignee  the  premi- 
ses so  sold  and  unredeemed,  as  aforesaid.  A  memorandum 
of  all  deeds  so  made  and  delivered  shall  be  entered  by  the 
comptroller  in  the  book  wherein  tax  sales  are  recorded  ;  and 
a  fee  of  one  dollar  may  be  charged  by  the  comptroller  for 
every  deed  so  issued. 

Sec.  24.  Such  certificate  of  purchase  shall  be  assignable 
by  endorsement,  and  an  assignment  thereof  shall  vest  in  the 
assignee,  or  his  legal  representatives,  all  the  right  and  title 
of  the  original  purchaser. 

Sec.  25.  Whenever  it  shall  appear  to  the  satisfaction  of 
the  comptroller,  before  the  execution  of  a  deed  for  any 
property  sold  for  taxes,  that  such  property  was  not  subject 
to  taxation,  or  that  the  taxes  had  been  paid  previous  to  the 
sale,  he  shall  make  an  entry  opposite  to  such  property  on 
his  record  of  sales,  that  the  same  was  sold  in  error,  and 
such  entry  shall  be  evidence  of  the  fact  therein  stated ;  and 
this  provision  shall  apply,  so  far  as  the  same  is  applicable, 
to  all  sales  for  special  assessments. 

Sec.  26.  All  deeds  made  to  purchasers,  of  lots,  lands  or 
other  property,  sold  for  taxes  or  assessments,  shall  be  i^rima 
facie  evidence,  in  all  controversies,  and  suits,  in  relation  to 
the  right  of  the  purchaser,  his  or  her  heirs  or  assigns,  to 
the  premises  thereby  conveyed,  of  the  following  facts  : 

First.  That  the  land  or  lot  conveyed,  was  subject  to 
taxation,  or  assessment,  at  the  time  the  same  was  advertised 
for  sale,  and  had  been  listed  and  assessed,  in  the  time  and 
manner  required  by  law. 


Certificates 
assignable. 


Erroneous 
sales  to  be 
canceled. 


Tux   deeds 
prima  facie 
evidence  of 
cerfiiu  facts 


COLLECTION    OF   TAXES   AND    ASSESSMENTS.  103 

Second.     That  the  taxes  or  assessments  were  not  paid  at 
any  time  before  the  sale. 

Third.     That  the  land  or  lot  conveyed,  had  not  been  re- 
deemed from  the  sale  at  the  date  of  the  deed : 

And  shall  be  conclusive  evidence  of  the  following  facts  :     ev^Jncl^of 

First.     That  the  land  or  lot  was  advertised  for  sale,  in  *'^'^'°  *^'- 
the  manner  and  for  the  length  of  time  required  by  law. 

Second.     That  the  land  or  lot  was  sold  for  taxes,  or 
assessments,  as  stated  in  the  deed. 

Third.     That  the  grantee,  in  the  deed,  was  tlie  purchaser. 

Fourth.     That  the  sale  was  conducted  in  the   manner 
required   by  law.      And    in  all   controversies  and   suits,  Proof  requk- 

.  .  .  ed  to  defeat 

involving  the  title  to  the  lot  or  land  claimed  and  held  under  tax  title. 
and  by  virtue  of  such  deed,  the  person  or  persons  claiming 
title,  adverse  to  the  title  conveyed  by  such  deed,  shall  be 
required  to  prove,  in  order  to  defeat  the  said  title,  either 
that  the  land  or  lot  was  not  subject  to  taxation  at  the  date 
of  the  sale ;  that  the  taxes  or  assessments  had  been  paid ; 
that  the  land  or  lot  had  never  been  listed  and  assessed  for 
taxation  or  assessment,  or  that  the  same  had  been  redeemed 
according  to  the  provisions  of  this  act ;  and  that  such 
redemption  was  made  for  the  use  and  benefit  of  the  persons 
having  the  right  of  redemption,  under  the  laws  of  this  state ; 
iJut  no  person  shall  be  permitted  to  c[uestion  the  title 
acquired  by  the  said  deed,  without  first  showing  that 
he,  she,  or  they,  or  the  person  under  wliom  he,  she  or 
they  claim  title,  had  title  to  the  land  or  lot  at  the  time 
of  the  sale,  or  that  the  title  was  obtained  from  the  Uni- 
ted States,  or  this  state,  after  the  sale,  and  that  all 
taxes  due  upon  the  lot  or  land,  have  been  paid  by  such 
persons,  or  the  person  under  whom  he  claims  title  as  afore- 
said ;  and  no  deed  of  land  or  other  property  sold  for  the 
non-payment  of  taxes  or  assessments,  shall  be  questioned  in 
any  suit  or  controversy,  unless  the  person  wishing  to  contest 
the  same,  shall  have  tendered  or  deposited  the  amount  of 


104  CITY    CHARTER. 


the  redemption  money  and  interest,  as  now  provided  by  the 
laws  of  this  state,  in  case  of  sales  of  real  estate  for  taxes. 
Successor  of      Sec.  27.  Anv  chano;e  made  in  the  incumbent  of  the  office 

collector  em-  "^  *-^ 

powered  to   of  the  collcctor  during  the  pendency  of  any  such  proceedings, 

complete  or  j  j  i  o   ? 

proceedings,  shall  not  Operate  to  affect  or  delay  the  same,  but  the  successor 
or  successors  in  office  of  such  collector  shall  be  authorized 
to  do  all  acts  necessary  to  complete  such  proceedings,  the 

to'^crwhen  Same  as  if  his  predecessor  had  continued  in  office.     In  case 

office  vacant.  ^^  ^  vacancy  occurring  in  any  such  office,  the  proceedings 
shall  be  prosecuted  by  the  comptroller  until  such  vacancy 
is  filled  by  election  or  otherwise. 

Assessment        Sec.  28.  All  salcs  of  property  for  the  non-payment  of 

sales,   when  x        ±         ^  it/ 

to  be  made,  taxcs  and  asscssmcnts,  for  any  improvement  of  what  kind 
soever,  shall  be  held  at  the  same  time  with  the  general  sale 
of  property  for  non-payment  of  city  taxes  in  each  year, 
unless,  in  particular  cases,  said  sale  is  stayed  or  delayed  by 
examination  or  process  of  law  ;  the  intent  hereof  being  that 
there  shall  be  but  one  general  collection  by  sale,  of  all  taxes 
and  assessments  whatsoever  in  each  and  every  year ;  which 
sale  shall  take  place  in  the  manner  hereinbefore  provided 
and  at  the  same  time  in  each  year :  Provided^  That  in  all 
cases  where  judgment  shall  be  delayed  in  consequence  of  any 
appeal,  or  the  delay  of  any  court,  in  rendering  its  decision, 
such  sales  may  be  made  at  any  time  after  final  judgment 
shall  have  been  rendered,  upon  notice  to  be  given  as  in  other 
cases. 

Liability  of       Sec.  29.  Any  assessor,  collector,  or  other  officer,  who 

assessors  and  ,j  '  ' 

ne"i2t'  J"^  ^"^  in  any  case  refuse  or  knowingly  neglect  to  perform 
duty-  any  duty  enjoined  upon  him  by  this  chapter,  or  who  shall 

consent  to,  or  connive  at,  any  evasion  of  its  provisions, 
whereby  any  proceeding  required  by  this  chapter  shall  be 
prevented  or  hindered,  shall,  for  every  such  neglect  or 
refusal,  be  liable  to  said  city,  individually  and  upon  his 
official  bond,  for  double  the  amount  of  loss  or  damage  caused 
by  such  neglect  or  refusal,  to  be  recovered  in  an  action 


COLLECTION   OF   TAXES   AND   ASSESSMENTS.  105 

of  debt,  in  any  court   having  jurisdiction  of  the   amount 
thereof. 

Sec.  30.  No  assessment  of  property,  or  charge  for  taxes  £^001*^1^ 
or  assessments  thereon,  shall  be  considered  illegal  on  account  or^^'lss^s^T' 
of  any  irregularity  or  informality  in  the  tax  lists  or  assess-  ™®°'^' 
ment  rolls,  or  on  account  of  the  assessment  rolls  or  tax  list 
not  being  made,  completed,  or  returned  within  the  time 
required  by  law,  or  on  account  of  the  property  having  been 
charged  or  listed  in  the  assessment  or  tax  list  without  name, 
or  in  any  other  name  than  that  of  the  rightful  owner ;  and 
no  error  or  informality  in  the  proceedings  of  any  of  the 
officers  entrusted  with  the  levying  and  collection  of  taxes  or 
special  assessments,  not  affecting  the  substantial  justice  of 
the  tax  or  assessment  itself,  shall  vitiate  or  in  any  way 
affect  the  tax  or  assessment. 

Sec.  31.  If  any  purchaser  of  lands,  lots,  or  other  property,  i^^^'^cMro? 
sold  for  city  taxes  or  assessments,  shall  suffer  the  same  to  1^1"^^  twd''' 
be   again  sold  for  like  taxes  or  assessments,   before  the  ^^"" 
expiration  of  two  years  from  the  date  of  his  or  her  purchase, 
such   purchaser  shall   not  be   entitled  to   a   deed  for    the 
property  until  the  expiration  of  two  years  from  the  date  of 
the  second  sale;  during  which  time  the  land,  lot,  or  other 
property  shall  be  subject  to  redemption,  and  the  person 
redeeming  shall  only  be  required  to  pay  for  the  use  of  the 
purchaser  at  the  first  sale,  the  amount  paid  for  the  property, 
and  double  the  amount  paid  by  the  second  pui-chaser,  for 
his  use,  as  in  other  castas. 


106 


CITY  CHARTER. 


CHAPTEE  X. 


THE    POLICE    DEPARTMENT. 


Section. 

1.  Board  of  police.how  constituted;  quonira. 

2.  Appointment  of  president  and  secreta- 

ry ;  secretary's  salary. 

3.  Commissioners'  oath  of  ofiSce;  bond. 

4.  PoM^er  and  authority  of  the  board ;  pow- 

er to  construct  telegraph  lines. 

5.  General  duties  of  the  board. 

6.  Authority  to  ^establish  rules  and  regu- 

lations; organization  of  police  force; 
appointments. 

7.  Qualifications  and  duties  of  police  offi- 

cers, their  mode  of  trial  and  removal, 
to  be  prescribed  by  the  rules  of  the 
board:  appointment  of  superintend- 
ent ;  ineligibQity;  removals  from  office ; 
promotions. 

8.  Salary  of  commissioners ;  salary  of  su- 

perintendent and  other  officers ;  mem- 
bers of  the  force  prohibited  from 
receiving  gifts  or  fees  for  police  ser- 
vice; not  to  aid  in  the  defense  of 
accused  persons. 

9.  Complaints  against  police  officers ;  trial ; 

appeal. 

10.  Police  life  and  health  insurance  fund. 

11.  Relief  to  be  provided  for  disabled  police- 

men. 

12.  Powers  of  police  officers ;  certain  officers 

authorized  to  enter  buildings  or  ves- 
sels to  prevent  felonies,  or  arrest 
felons ;  power  to  serve  process. 

13.  Detection  and  arrest  of  gamblers. 

14.  City  to  be  divided  into  police  precincts ; 

police  stations ;  superintendent  to  pro- 
mulgate all  regulations  and  orders. 
1.5.  Power  to  appoint  special  policemen. 

16.  Power  to  appoint  patrolmen  on  request 

and  at  the  expense  of  private  persons ; 
special  patrolmen. 

17.  One  week's  notice  required  of  intention 

to  withdraw  from  police  force;  no 
person  removed  to  be  re-appointed. 

18.  Disposition  of  stolen  property ;  books  to 

be  kept  for  entry  of  all  complaints ; 
registry  of  stolen  property;  record 
required  to  be  kept. 

19.  Accommodations  for  the  detention  of 

persons  arrested  to  be  provided  at  each 
station ;  arrests  to  be  reported ;  special 
provisions  respecting  the  detention 
and  examination  of  persons  arrested; 
detention  of  witnesses ;  special  bail. 


Section. 

20.  Police   expenses  made  a  city  charge; 

poM'er  to  appoint  police  officers  for  the 
county,  and  for  village  and  town 
authorities. 

21.  Board  to  furnish  comptroller  with  an 

annual  estimate  of  police  expenses; 
council  authorized  to  revise  the  same: 
the  police  fund  to  be  raised  by  general 
tax. 

22.  Police  fund,  how  disbursed. 

23.  Authority  of  the  board  to  incur  expense 

limited;  accounts  subject  to  inspec- 
tion. 

24.  Duty  of  the  board  to  enforce  city  ordi- 

nances ;  power  to  issue  subpoenas  and 
administer  oaths;  may  compel  the 
attendance  of  witnesses. 

25.  Security  to  be  taken  from  certain  police 

officers ;  oath  of  office. 

26.  Superintendent  to  make  quarterly  re- 

ports; the  board  to  make  an  annual 
report  to  common  council. 

27.  Exemption    from    military    and  jury 

duty. 

28.  Penalty  for  assaulting  electors  on  elec- 

tion day;  and  police  officers  when  on 
duty;  for  neglecting  to  arrest  offend- 
ers, and  for  fi-audulently  pretending  to 
be  a  police  officer. 

29.  The  board  to  act  as  a  board  of  health ; 

power  to  abate  nuisances. 

30.  Board    empowered  to   take    necessary 

measures  to  prevent  the  spread  iif 
infectious  disease;  reports  of  mor- 
tality. 

31.  Practicing  physicians  to  report  infected 

patients;  penalty  for  neglect. 

32.  Visitation  of  vessels  suspected  of  having 

disease  on  boanl. 

33.  All  infected  persons,  not  resident,  may 

be  removed  to  pest  house;  infected 
goods  may  be  destroyed. 

34.  Vessels  infected  may  be    removed  to 

quarantine;  punishment  for  refusal 
to  comply  with  orders. 

35.  Council  may  prescribe  other  powers  and 

duties  to  be  exercised  for  sanitary 
purposes ;  power  to  enter  and  examine 
houses,  boats  and  vessels. 

36.  Repealing  clause. 


Section  1.  There  is  hereby  established  an  executive  de- 
partment of  the  municipal  government  of  said  city,  to  be 
known  as  the  board  of  police.     Said  board  shall  consist  of 


THE   POLICE   DEPARTMENT.  107 

three  commissioners,  in  addition  to  the  mayor,  who  shall  be  Mayor  a 

'  %/       '  member  txr 

ex-officio  a  member  thereof,    to  be  chosen  in  the  manner  "•^'"'<'- 
hereinbefore  prescribed  ;  and  a  majority  of  said  board  shall 
constitute  a  quorum  for  the  transaction  of  business.  Quorum. 

Sec.  2.  The  said  board  shall  appoint  one  of  their  own  ^''^si^ient. 
number  to  act  as  president,  and  some  other  person  to  act 
as  secretary ;  and  the  secretary  shall  receive  such  annual  hSSary" 
salary  as  may  be  determined  upon  by  the  board  of  police. 

Sec.  3.  Before  enterino;  on  the  duties  of  their  office,  said  S:,'^JfJ°'"" 
commissioners  shall  take  an  oath  to  obey  the  constitution 
and  laws  of  this  state,  and  faithfully  to  perform  the  duties 
of  their  said  office,  the  certificate  of  which  oath  shall  be 
filed  in  the  office  of  the  city  clerk.  Each  of  said  commis-  ^^°^' 
sioners,  before  entering  on  the  duties  of  his  office,  shall  also 
give  a  bond  to  said  city  in  the  sum  of  twenty-five  thousand 
dollars,  with  sureties  to  the  satisfaction  of  the  judge  of  the 
circuit  court  of  Cook  county,  conditioned  for  the  faithful 
discharge  and  performance  of  his  duties  as  such  commis- 
sioner ;  and  that  he  will  well  and  truly  account  for  and  pay 
over  any  and  all  moneys,  and  surrender  any  and  all  prop- 
erty, books,  and  papers,  which  may  come  into  his  hands  as 
such  commissioner,  on  the  expiration  or  other  termination 
of  his  term  of  office. 

Sec.  4.   Said  board  shall  assume  and  exercise  the  entire  ^^^^ncnii  pow- 

ers  of  the 

control  of  the  police  force  of  said  city,  and  shall  possess  ^^'■'^• 
full  power  and  authority  over  the  police  organization,  gov- 
ernment, appointments,  and  discipline  within  said  city.  It 
shall  liave  the  custody  and  control  of  all  public  property, 
books,  records,  and  equipments  belonging  to  the  police  de- 
partment, and  shall  have  power  to  erect  and  maintain,  under 
the  o;eneral  laws  of  the  state  relatino;  to  teleo;ra])li  lines,  all  Tf^crtocon- 

~  o  o       1  '  struct  tele- 

sucli  lines  of  telegraph  in  such  places  within  the  said  city,  ^'""p^  ^'^^^• 
as  for  purposes  of  police,  the  board  shall  deem  necessary, 
whenever  the  common  council  shall  authorize  the  establish- 
ment of  such  telegraph  line  or  lines. 

Sec.  5.  It  shall  be  the  duty  of  the  board  of  police  hereby 


General  du- 
ties. 


108  CITY    CHARTER. 


constituted,  at  all  times  of  the  day  and  night  within  the 
boundaries  of  the  said  city  of  Chicago,  to  preserve  the  public 
peace,  to  prevent  crime  and  arrest  offenders,  to  protect 
rights  of  person  and  property,  to  guard  the  public  health, 
to  preserve  order,  to  remove  nuisances  existing  in  public 
streets,  roads,  places  and  highways,  to  provide  a  proper 
police  force  at  every  fire,  in  order  that  thereby  the  firemen 
and  property  may  be  protected,  to  protect  strangers  and 
travelers  at  steamboat  and  ship  landings,  and  railway  sta- 
tions, and  to  obey  and  enforce  all  ordinances  of  the  common 
council  within  the  city  which  are  applicable  to  police  or 
Pursuit  of     health.     Whenever  any  crime  shall  be  committed  in  said 

fugitives  *' 

from  justice,  ^j^y^  qj.  within  the  couuty  of  Cook,  and  the  person  or  per- 
sons, accused  or  suspected  of  being  guilty,  shall  flee  from 
justice,  the  said  board  of  police  may,  in  their  discretion, 
authorize  any  person  or  persons  to  pursue  and  arrest  such 
accused  or  suspected  person  or  persons,  and  return  them  to 
•  the  proper  criminal  court,  having  jurisdiction  of  the  offence, 

for  trial. 
Power  toes-       Sec.  6.  The  dutics  of  the  police  force  shall  be  executed 
and  regtda-    under  the  direction  and  control  of  said  board,  and  according 

tions.  _  ^  . 

to  rules  and  regulations  which  it  is  hereby  authorized  to 

pass  from  time  to  time,  for  the  more  proper  government  and 

discipline  of  its  subordinate  officers  and  the  police  force  of 

OrgMdzatioo  said  citv.     The  said  police  force  shall  consist  of  a  superin- 

of  police  . 

^rce.  tendent  of  police,  three  captains  of  police,  six  sergeants, 

ninety  police  patrolmen,  and  as  many  more  police  patrolmen, 
sergeants,  and  deputy  superintendents,  as  may  be  authorized 
by  the  common  council  on  the  application  of  the  board. 

m£'^  The  said  offices  hereby  created  shall  be  severally  filled  by 
appointment  in  the  mode  prescribed  by  this  act,  and  each 
person  so  appointed  shall  hold  office  only  during  such  time 
as  he  shall  faithfully  observe  and  execute  all  the  rules  and 
regulations  of  the  said  board,  the  laws  of  the  state,  and  the 
ordinances  of  the  city. 

SJ^nd  Sec.  7.  The  qualifications,  enumeration  and  distribution 


THE    POLICE   DEPARTMENT.  109 

of  duties,  mode  of  trial  and  removal  from  office,  of  each  ''"*'*?«'  ^^^ 

'  '  ot  trial  and 

officer  of  said  police  force,  shall  he  particularly  defined  and  ^rL^cdbed 
prescrihed  hy  rules  and  regulations  of  the  hoard  of  police :  \l,,  boird.*^^ 
Providt'd,  however,  that  no  person  shall  he  appointed  to  or  Ai-i.oint- 

1111  rf  r»  •  1  PI*  •!  1  1'         nu'iit  of  fiu- 

hold  tlie  otnce  or  superintendent  ot  police  "without  the  advice  p.riutund- 
and  consent  of  the  common  council  to  every  such  appoint- 
ment ;  nor  shall  any  person  be  appointed  to  or  hold  office 
in  the  police  force  aforesaid,  who  is  not  a  citizen  of  the  eUgS/"" 
United  States,  or  who  shall  not  have  resided  within  the 
state  of  Illinois  two  years  next  preceding  his  appointment, 
or  who   shall   ever    have    been  convicted  of   crime :    And  Removals 

not  to  be 

provided,  that  no  person  shall  be  removed  therefrom,  except  ^^'^*'^  except 

J.  '  1-  ^  A       for  cause. 

upon  written  charges  preferred  against  him  to  the  board  of 
police,  and  after  an  opportunity  shall  have  been  afforded  him 
of  being  heard  in  his  defense  ;  but  the  board  of  police  shall 
have  power  to  suspend  any  member  of  the  police  department 
of  the  city,  pending  the  hearing  of  the  charges  preferred 
against  him:  And  i^rovided,  that  whenever  any  vacancy  Promotions. 
shall  occur  in  the  office  of  captain  of  police,  the  same  shall 
be  filled  by  an  appointment  from  among  the  persons  then 
in  office,  as  sergeants  of  police,  and  a  like  vacancy  in  the 
office  of  sergeant  of  police,  shall  be  filled  by  appointment 
from  among  the  persons  then  in  office  as  police  patrolmen. 

Sec.  8.  The    police    commissioners    shall    receive    such  ^^^^"^y  of 

^  commission- 

annual  salaries  as  may  be  fixed  upon  and  allowed  by  the  "^• 

common  council,  and  no  other  compensation  shall  be  paid 

or  allowed.     The  superintendent  of  police  shall  receive  a  salary  of  su- 
perintendent 
salary  of  fifteen  hundred  dollars  per  annum.     Each  captain  ^"'i  other  of- 

shall  receive  a  salary  of  seven  hundred  dollars  per  annum, 

and  each  sergeant  a  salary  of  six  hundred  and  fifty  dollars. 

The  pay  of  each  police  patrolman  shall  be  at  the  rate  of 

not  less  than  four  hundred  and  eighty,  nor  more  than  six 

hundred  dollars  per  annum.     The    salaries    shall  be  paid 

Members  of 

monthlv  to  each  person  entitled  thereto.     No  member  of  p"!'*^*?  force 

^  not  to  re- 

the  board  of  police,  or  of  the  police  force,  shall  receive  or  ^^''^^  eifts  or 

i^  '  A  '  fees  for  ser- 

share  in,  for  his  own  benefit,  under  any  pretense  whatsoever,  plimSn"* 


110  CITY    CHARTER. 


any  present,  fee,  gift  or  emolument  for  police  service,  other 
than  the  regular  salary  and  pay  provided  by  this  section, 
except  by  the  unanimous  consent  of  the  board  of  police ; 
nor  shall  any  such  member  receive  or  share  in  any  fee,  gift 
or  reward,  from  any  person  who  may  become  bail  for  the 
appearance  of  any  arrested,  accused  or  competed  person, 
or  who  may  become  surety  for  any  such  person  on  appeal 
from  the  judgment  or  decision  of  any  court  or  magistrate ;  or 
any  fee,  gift  or  reward,  in  any  case,  from  any  attorney  at 
law,  who  may  prosecute  or  defend  any  person  arrested  or 
prosecuted  for  any  offense  within  the  county  of  Cook ;  nor 
shall  any  such  member  either  directly  or  indirectly  interest 
himself,  or  interfere,  in  any  manner  whatever,  in  the  em- 
ployment or  retainer  of  any  attorney,  to  aid  in  the  defense 
of  persons  arrested  or  accused ;  and  for  any  violation  of 
either  of  the  foregoing  provisions,  the  officer  so  offending 
shall  be  immediately  removed  from  office. 
Any  citizen        Sec.  9.  Any  citizcn  of  Chicago,  with  a  view  to  the  trial 

may  prefer  ,  cc  o  /v 

charges        and  susDcnsion  or  removal  from  office  of  any  officer  or  po- 

agalnst  po-  ^  e/  x 

lice  officers,  licemau  of  the  police,  may,  on  oath  in  writing,  prefer  or 
make,  before  the  board,  charges  or  complaint  touching  the 
character  and  competency,  or  affecting  the  acts,  conduct  or 
omissions  of  such  officer  or  policeman,  or  for  violation  of, 
or  misconduct  as  defined  and  prescribed  by,  the  rules  and 
regulations  of  the  board ;  and  said  board  after  reasonable 
notice,  not  exceeding  ten  days,  to  the  person  charged,  shall 

Trial  of  cbar-  proceed  to  the  trial  of  said  officer  or  policeman  on  such 

ges.  ^  ^ 

charges  or  complaint,  and  shall  have  power  to,  and  shall 
issue  subpoenas,  tested  in  the  name  of  the  president  of  the 
board  to  compel  the  attendance  of  witnesses,  to  administer 
oaths  and  affirmations,  and  generally  shall,  for  the  purposes 
of  such  trial,  have  and  exercise  the  powers  and  duties  of 
justices  of  the  peace  in  civil  cases,  so  far  as  the  same  are 
applicable,  and  may  make  an  order  of  removal  or  suspen- 
Appeais.  sion  for  some  certain  period.  The  party  complaining,  or 
person  charged,  feeling  aggrieved  by  any  such  order,  may 


THE   POLICE   DEPARTMENT.  Ill 

at  once,  on  giving  bond  to  the  president  of  the  board,  with 
security  to  be  approved  by  liini  or  the  board,  conditioned 
for  the  payment  of  accrued  and  accruing  costs,  appeal  from 
the  order  or  finding  of  the  board  to  any  court  of  record  of 
Cook  county  (except  the  county  court),  which  said  court 
shall  proceed  to  the  trial  of  said  complaint  as  speedily  as 
may  be,  and  in  preference  to  other  cases,  and  make  such 
final  order  in  the  case  as  equity  and  justice  shall  require  ; 
and  said  order  shall  be  final  and  conclusive,  without  further 
appeal.  If,  on  such  trial,  said  charges  or  complaint  shall 
be  sustained,  such  ofiicer  or  policeman  shall  pay  the  costs 
of  such  proceeding,  and  the  same  may  be  deducted  and 
withheld  from  his  pay,  and,  in  case  of  his  suspension,  his 
pay  shall  also  cease  from  the  date  of  the  charge  and  during 
the  period  of  suspension.  If  such  complaint  shall  be  dis- 
missed or  not  sustained,  then  the  person  making  the  same 
shall  pay  all  costs.  In  trials  under  this  section,  the  same  ^^^^' 
costs  shall  be  charged  and  taxed  as  in  trials  before  justices, 
and  be  collected  on  execution,  as  the  case  may  be,  from  the 
court,  or  on  execution  to  be  issued  by  any  justice  of  the 
peace,  on  certificate  of  the  same  by  the  board  and  order 
for  execution,  said  costs,  when  collected,  to  be  paid  to  the 
treasurer  of  the  board,  for  the  benefit  of  those  concerned. 
But  the  said  board  shall  not  tax  or  receive  any  fees  for 
themselves,  or  for  any  member  thereof. 

Sec.  10.  All  rewards,  fees,  proceeds  of  gifts  and  emolu-  ^nd^ht-uth 
ments,  that  may  be  allowed  by  the  board  of  police  to  be  JdnY'"^'^^ 
paid  and  given  for  or  on  account  of  extraordinary  services 
of  any  member  of  the  police  force,  and  all  moneys  arising 
from  the  sale  of  unclaimed  goods,  shall  be  paid  into  the  city 
treasury,  and  shall  constitute  a  fund,  to  be  called  the  "Po- 
lice Life  and  Health  Insurance  Fund  ;"  and  the  persons  who 
shall,  from  time  to  time,  fill  the  office  of  president  of  the  board 
of  police  and  that  of  the  comptroller  of  the  city  of  Chicago, 
are  hereby  declared  the  trustees  of  the  said  fund,  and  may 
invest  the  same  as  they  shall  see  fit,  either  in  whole  or  in  part. 


112  CITY    CHARTER. 


uceSen'^tJ'be  ^^^-  ^^-  Whenever  any  member  of  the  police  force,  in 
the  fumi!™°^  actual  performance  of  his  duty,  and  in  consequence  of  the 
performance  of  such  duty,  shall  become  bodily  disabled,  his 
necessary  expenses  during  the  time  his  disability  as  afore- 
said continues,  may  become  a  charge  upon  the  fund  provid- 
ed for  in  the  preceding  section,  at  the  discretion  of  said 
board  of  police.  The  board  shall  inquire  into  the  circum- 
stances, and  if  satisfied  the  charge  upon  the  said  fund  is 
correct,  may  order  the  same  to  be  paid  by  the  draft  of  the 
said  trustees  upon  the  said  fund,  each  writing  his  signature 
thereto.  But  the  provisions  of  this  section  shall  not  apply 
to  special  patrolmen  appointed  as  hereinafter  provided,  at 
the  request  and  expense  of  private  parties. 
Powersofpo-      Sec.  12.  The  members  of  the  police  force  of  the  said 

ice  ofScers.  ■■• 

city  of  Chicago,  shall  possess  in  every  part  of  the  county 
of  Cook,  all  the  common-law  and  statutory  powers  of  con- 
stables, except  for  the  service  of  civil  process,  and  any 
warrant  for  search  or  arrest  by  any  magistrate  of  the  state 
of  Illinois,  may  be  executed  in  any  part  of  the  county  of 
Cook,  by  any  member  of  the  police  force  of  the  said  city 
of  Chicago,  without  any  backing  or  endorsement  of  the  said 
Authority  to  Warrant,  and  according  to  the  terms  thereof.     The  superin- 

enter  build- 
ings or  ves-    tendent,   deputy  superintendent,   or  any  captain  of  police, 

vent  felonies  bavinff  lust  causc  to  susDcct  that  any  felony  has  been,  or  is 

or  arrest  fel-  ^  "  ^  ,j  t/  7 

^°^-  being,  or  is  about  to  be  committed  within  any  building,  or 

on  board  of  any  ship,  boat  or  vessel  within  the  said  city  of 
Chicago  or  county  of  Cook,  may  enter  the  same  at  all  hours 
of  the  day  or  night,  to  take  all  necessary  measures  for  the 
effectual  prevention  or  detection  of  all  felonies,  and  may 
take  then  and  there  into  custody,  all  persons  suspected  of 
being  concerned  in  such  felonies,  and  also  may  take  charge 
of  all  property  which  he  or  they  shall  have  then  and  there 

Tower  to       just  causc  to  suspcct  lias  bccn  stolen.     The  members  of  said 

serve  pro-       "^  , 

ceee.  polico  forcc  may  also  serve  or  execute  any  process,  civil  or 

criminal,  issued  by  the  police  court  of  said  city,  or  either 
of  the  justices  thereof. 


THE   POLICE   DEPARTMENT.  113 

Sec.  13.  If  the  superintendent  of  police  shall  report  in  Detection 

^  r  r  and  arrest  of 

writing  to  the  board  of  police  that  there  arc  good  grounds  gamblers. 
for  believing  any  house  or  room  within  the  said  city  of 
Chicago,  is  kept  or  used  as  a  common  gaming  house  or  cock- 
pit, and  if  two  or  more  householders  dwelling  within  the 
said  city,  and  not  belonging  to  the  police  force,  shall  make 
oath  in  writing  before  any  one  of  the  commissioners  of 
police,  to  be  annexed  to  said  report,  (which  oath  every  com- 
missioner of  police  is  hereby  empowered  to  administer, 
receive  and  subscribe),  that  the  premises  complained  of  by 
the  superintendent  are  commonly  reported,  and  are  believed 
by  the  deponents  to  be  kept  as  a  common  gaming  house  or 
cock-pit,  it  shall  be  lawful  for  any  commissioner  of  police, 
by  order  in  writing,  to  authorize  the  superintendent,  or  the 
deputy  superintendent  of  police,  to  enter  upon  such  premises, 
taking  with  him  or  them,  such  members  of  the  patrol  force 
as  shall  be  necessary,  and,  if  necessary,  to  use  force  for  the 
purpose  of  effecting  such  entry,  whether  by  breaking  open 
doors  or  otherwise,  and  the  said  superintendent  shall  be 
authorized  to  take  into  custody  all  persons  who  shall  be 
found  therein,  and  to  destroy  all  implements  of  gaming  Destruction 
found  therein,  and  shall  forthwith  convey  the  person  or  implements, 
persons  found  therein  before  one  of  the  police  justices  in 
said  city,  who  shall  forthwith  proceed  to  hear  the  proof, 
and  if  there  be  probable  cause  for  believing  that  such  person 
or  persons  have  been  guilty  of  any  crime  or  misdemeanor, 
then  the  said  magistrate  shall  forthwith  order  such  person 
or  persons  to  find  good  bail,  with  two  householders  of  said 
city  of  Chicago,  as  his  or  their  sureties  conditioned  for  his 
or  their  appearance  at  the  proper  criminal  court  to  answer 
any  indictment  which  may  be  found;  and  in  default  thereof, 
such  magistrate  shall  commit  such  person  or  persons  to  the 
county  jail. 

Sec.  14.  It  is  hereby  made  the  duty  of  the   board  of  Police pre- 
police,  for  more   effectually  distributing  and  enforcing  its 
police  government  and  discipline,  to  divide  the  said  city  of 


114  CITY    CHARTER. 


Chicago  into  precincts,  without  regard  to  ward  boundaries, 
and  to  assign  captains  of  police,  and  sergeants  of  police,  to 
each  of  said  precincts,  as  they  shall  deem  for  the  best  inter- 

Poiice  sta-  est  of  Said  city.  The  board  may,  from  time  to  time,  estab- 
lish  a  station  or  sub-station  in  each  precinct  or  division,  for 
the  accommodation  of  the  police  force  on  duty  therein.     It 

fnfto'be^"*^'  shall  promulgate  all  regulations   and   orders   through  the 

Se!^^^^°"  superintendent  of  police,  and  it  shall  be  the  duty  of  the 
police  force  to  respect  and  obey  the  said  superintendent  as 
the  head  and  chief  of  the  same,  subject  to  the  rules  and 
regulations  and  general  orders  of  the  board. 

Special  po-         Sec.  15.  The  said  board  of  police  is  hereby  authorized 

licemen.  r»  •      i  i         i  i  ^        •         ^ 

to  appoint  persons  of  suitable  character,  who  may  be  m  the 
employment  of  the  city  in  other  branches  or  departments, 
special  policemen:  Provided^  such  special  policemen  shall 
not  be  paid  for  their  services  as  policemen  out  of  the  city 
treasury.  Such  policemen  shall  possess  the  same  power 
as  the  regular  police  patrolmen,  and  shall  obey  the  rules  and 
regulations  of  the  board,  and  conform  to  its  general  discipline. 
Power  to  ap-      g  j]C.  16.  The  board  of  police  whenever  it  may  see  fit, 

point  special  ■••  ^  ' 

fo?acTOmmo-  shall,  ou  the  application  of  any  person  or  persons  showing 

vat?per3o^n3'  the  ncccssity  thereof,  appoint  and  swear  any  number  of 

additional  patrolmen  to  do  duty  at  any  place  within  the  city 

of  Chicago,  at  the  charge  and  expense  of  the  person  or 

persons  to  [by]  whom  the  application  shall  be  made,  and  the 

patrolmen  so  appointed  shall  be  subject  to  the  orders  of  the 

board  of  police,  and  shall  obey  the  rules  and  regulations  of 

the  board,  and  conform  to  its  general  discipline  and  to  such 

other  special  regulations  as  may  be  made,  and  shall  wear  such 

dress  or  emblem  as  the  board  may  direct,  and  shall,  during  the 

term  of  their  holding  appointment,  possess  all  the  powers, 

privileges  and  duties  of  th.e  patrol  force  herein  prescribed. 

The  persons  so  appointed  may  be  removed  at  any  time  by 

Power  to  ap-  the  board  of  police,  without  assigning  cause  therefor.     The 

SnaTpa-    board   of  police  may   also,  upon  any  emergency  or  riot, 

special  occa-  pestilcuce,  iuvasiou,  or  during  any  day  of  public  election  or 


THE   POLICE   DEPARTMENT.  115 

celebration,  appoint  as  many  special  patrolmen  from  among 
the  citizens  of  Chicago  as  it  may  deem  advisable,  and  for 
a  specified  time,  and  during  the  term  of  service  of  any  such 
special  patrolmen,  they  shall  possess  all  the  powers  and 
privileges  and  perform  all  the  duties  of  patrolmen  of  the 
standing  police  force  of  the  city. 

Sec.  17.  No  member  of  the  police  force,  under  penalty  Membere  of 

^  '  IT  J    police  force 

of  forfeiting  the  pay  which  may  be  due  to  him,  shall  with-  of^IentSn* 
draw  or  resign  from  the  police  force,  unless  he  shall  have  *"''^^'s°- 
given  one  week's  notice  thereof,  in  writing  to  the  superin- 
tendent of  police ;  and  no  person,  who  shall  ever  have  been  Persons  re- 

,  111  moved  not  to 

removed  from  the  police  force  established  by  this  act,  for  bere-ap- 

■"■  •'  '  pointed. 

cause,  shall  be  re-appointed  by  the  board  of  police  to  any 
office  in  the  said  police  force. 

Sec.  18.  All  stolen  or  other  property  taken  by  the  mem-  Wfros^tion 
bers  of  the  police  force,  shall  be  deposited  and  kept  in  a  pi'^pf'-ty- 
place,  and  by  a  person  to  be  designated  by  the  board  of 
police ;  and  in  case  of  the  neglect  or  refusal  of  any  officer 
to  so  deposit  the  property  taken  or  found  upon  the  posses- 
sion of  any  person  or  persons  arrested,  he  shall  be  subject 
to  indictment,  and  be  fined  in  a  sum  not  exceeding  three 
thousand  dollars,  and  in  no  case,  less  than  the  value  of  the 
property,  and  be  imprisoned  in  the  county  jail  not  to  exceed 
one  year,  and  the  sentence  of  the  court,  in  such  cases,  iiyso 
facto.,  shall  vacate  the  office  of  the  person  so  convicted. 
Every  such  article  of  property  shall  be  entered  in  a  book  Register  to 
kept  for  the  purpose,  together  with  the  name  of  the  owner, 
if  ascertained,  and  the  name  of  the  place  where  found,  and 
of  the  person  from  whom  taken,  with  the  general  circum- 
stances and  the  date  of  its  receipt,  and  the  name  of  the 
officer  recording  the  same.  An  inventory  of  all  money  or 
other  property  shall  be  given  to  the  party  from  whom  the 
same  was  taken  ;  and  in  case  the  same  shall  not,  within  ten 
days  after  such  arrest  and  seizure,  be  claimed  by  any  other 
person  or  persons,  it  shall  be  delivered  to  the  person  from 
whom  the  same  was  taken,  and  to  no  other  person,  either 


b 


116  CITY  CHARTER. 


attorney,  agent,  factor  or  clerk.  In  case  said  money  or 
property  shall,  within  said  ten  days,  be  claimed  by  any  other 
person  or  persons,  it  shall  be  retained  by  said  custodian, 
until  after  the  discharge  or  conviction  of  the  person  from 
whom  the  same  was  taken  ;  and  if  such  claimant  or  claim- 
ants shall  establish  to  the  satisfaction  of  the  committing 
magistrate,  that  he  or  they  are  the  rightful  owners,  the  same 
shall  be  restored  to  him  or  them,  unless  otherwise  directed 
by  the  higher  court ;  otherwise,  it  shall  be  returned  to  the 
accused  personally,  and  not  to  any  attorney,  agent,  factor 
or  clerk  of  such  accused  person,  after  all  liens  or  claims 
against  the  same  have  first  been  discharged  and  satisfied. 
Complaint     The  board  of  police  shall  also  cause  to  be  kept  general  com- 

books  to  be  ^  . 

kept.  plaint  books,  in  which  shall  be  entered  every  complaint, 

preferred  upon  personal  knowledge  of  the    circumstances 
thereof,  with  the  name  and  residence  of  the  complainant. 
f  T'^nd  stoi  ^^  shall  also  cause  to  be  kept  books  for  the  registry  of  lost, 
en  property,  migging  or  stolcu  property,  for  the  general  convenience  of 
Record  to  be  the  pubUc,  and  of  the  police  force  of  the  city.     It  shall 
ucrforce.*^    also  cause  to  be  kept  books  of  records,  wherein  shall  be  en- 
tered the  name  of  every  member  of  the  police  force,  with 
his  time  and  place  of  nativity,  the  time  and  place  when  he 
became  a  citizen  (if  he  was  born  out  of  the  United  States,) 
his  age,  his  former  occupation,  number  of  family,  and  the 
residence  thereof,  the  date    of  appointment    or    dismissal 
from  office,  with  the  cause  of  the  latter,  and  in  every  such 
record,  sufficient  space  shall  be  left  against  all  such  entries, 
wherein  to  make  record  of  the  number  of  arrests  made  by 
such  members  of  the  police  force,  or  of  any  special  services 
deemed  meritorious  by  the  captains  of  police.     It  shall  also 
pro^'^eliings,   causc  to  bc  kept  in  proper  books,  the  accounts  of  the  board, 
and  a  record  of  their  proceedings  ;  and  they  shall  preserve 
and  file  copies  of  all  bills  audited  and  allowed,  and  keep  an 
accurate  account  of  all  the  expenses  of  the  police  depart- 
ment.    The  board  of  police  shall  also  cause  to  be  kept  and 
bound,  all  police  returns  and  reports. 


THE    POLICE    DEPARTMENT.  117 

Sec.  19.  It  shall  be  the  duty  of  the  board  of  police  to  Accommo- 

•  J  ^^,  f        •  1       •  ^^  dations  to  be 

provide  at  the  expense  oi  said  city,  all  necessary  accommo-  provided  at 

1       •  •   1  •  1  •  1111  •         1         •    1  •       police  8ta- 

dations,  within  such  precincts  as  shall  be  contained  within  tions  for  de- 

^         ^  tention  of 

the  boundaries  of  said  city,  for  the  station  houses  required  arrested  per- 

•'  '  ^  sons. 

by  the  board  of  police  for  the  accommodation  of  the  police 
force  of  such  precincts,  for  the  lodging  of  vagrants  and 
disorderly  persons,  and  for  the  temporary  detention  of  per- 
sons arrested  for  offences.  It  shall  also  be  the  duty  of  said 
board  of  police  to  furnish  the  same  suitably,  and  to  warm 
and  light  the  same  by  day  and  night ;  and  in  every  case  of  Arrests  to  be 
arrest,  the  same  shall  be  made  known  to  the  captain  upon 
duty  in  the  precinct  wherein  such  arrest  was  made,  by  the 
person  making  the  same,  and  it  shall  be  the  duty  of  the 
said  captain,  as  soon  as  practicable  after  such  notice,  to  make 
written  return  thereof  according  to  the  rules  and  regula- 
tions of  the  board  of  police,  together  with  the  name  of  the 
party  arrested,  the  offence,  the  place  of  arrest,  and  the  place 
of  detention.     All  persons  arrested  by  the  officers  or  mem-  Detention 

*  "  and  examin 

bars  of  the  police  force,  shall  be  detained,  while  in  their  ationof  per 

^  '  '  sons  arrest- 

custody,  only  in  the  place  or  places  provided  for  that  pur-  ^'^• 

pose ;  and  no  trial  or  examination  of  any  person  arrested, 

shall  be  held  in  the  office  of  the  superintendent  of  the  police 

or  of  the  board.     Necessary  and  usual  articles  of  clothing 

or  personal  apparel  on  the  person,  or  in  the  possession  of 

persons  arrested  and  detained,  shall  not  be  taken  or  seized 

by  the  police,  unless  there  be  reason  to  suspect  that  the 

clothing  has  been  stolen  or  obtained  unlawfully.     The  board  Detention  of 

witnesses. 

of  police  shall  provide  suitable  accommodations  within  said 
city,  for  the  detention  of  witnesses  who  are  unable  to  furnish 
security  for  their  appearance  in  criminal  proceedings,  and 
such  accommodations  shall  be  in  premises  other  than  those 
employed  for  the  confinement  of  persons  charged  with  crime, 
fraud  or  disorderly  conduct ;  and  it  shall  be  the  duty  of  all 
magistrates,  in  committing  witnesses,  to  have  regard  to  the 
rules  and  regulations  of  the  board  of  police  in  respect  to 
their  detention.     Every    person    arrested    by   the   police  ^''- 


118  CITY    CHARTER. 


cliarged  witli  the  violation  of  any  city  ordinance,  shall  be 
entitled  to  give  special  bail  for  his  appearance  to  answer  to 
such  charge ;  but  no  member  of  the  police  force  shall  become, 
or  furnish  bail  for  any  person  arrested. 
Police  expen-       g^c.  20.  Thc  nccessarv  expenses  incurred  in  the  execu- 

ses  to  be  a  t/  J: 

city  charge,   ^.'^j^  q£  Criminal  process,  and  the  maintainance  of  the  police 

department,  hereby  created  within  the  said  city  of  Chicago, 

Power  to  ap-  shall  bc  a  city  charge.     The  board  of  supervisors  of  Cook 

officers  for     couuty  asscmblcd,  may    call  upon  the  board  of  police  to 

county,  and  n  ^  ^   •         ^ 

village  and  appoiut,  for  duty  withiu  the  said  county,  as  many  men  as 
thorities.  it  shall  enumerate  and  describe,  upon  appropriating  to  the 
police  fund  the  necessary  expenses  and  salaries  to  be  incur- 
red thereby.  Any  of  the  village  or  town  authorities  within 
the  said  county,  may  also  make  such  demand  upon  the  board 
of  police,  upon  making  the  Hke  provisions  of  pay,  and  it 
shall  be  the  duty  of  the  board  of  police  to  appoint  such 
officers,  who  shall  thereafter  become  regular  members  of  the 
police  force  of  the  city  of  Chicago,  and,  subject  to  all  the 
rules  and  regulations  of  the  board,  discharge  the  duties  and 
possess  powers  and  privileges  as  such  members.  The  super- 
visors of  the  county  of  Cook  are  hereby  authorized,  from 
time  to  time,  to  levy  and  raise  by  tax  upon  the  real  and 
personal  property  taxable  within  said  county,  such  sum  or 
sums  of  money  as  may  be  required  to  carry  into  effect  the 
provisions  of  this  section,  or  the  police  purposes  of  this  act. 
Annual  esti-      §^0.  21.  It  shall  bc  the  duty  of  the  board  of  police  to 

mate  of  po-  v  i 

toheTum^sh-  Prepare  and  submit  to  the  comptroller,  on  or  before  the  first 
blS.*^*^  ^^y  of  May  in  every  year,  an  estimate  of  the  whole  cost 
and  expense  of  providing  for  and  maintaining  the  police 
department  of  said  city  during  the  current  fiscal  year, 
which  estimate  shall  be  in  detail,  and  shall  be  laid,  by  the 
comptroller,  before  the  common  council,  with  his  annual 
To  be  raised  estimate.     The  common  council  may  revise  said  estimate, 

by  tax.  ''  ' 


and  the  aggregate  amount  of  the  sums  required  after  such 
revision,  shall  be  provided  for  in  the  general  tax  levy  to  be 
laid  on  said  city.     Said  money,  Avhen  collected,  shall  be 


THE    POLICE    DEPARTMENT.  119 

paid  into  the  city  treasury,  and  shall  be  styled  the  police 
fund,  and  shall  be  drawn  out  therefrom  for  police  purposes, 
under  the  fiscal  regulations  established  by  this  act. 

Sec.  22.  All  moneys  hereafter  to  be  paid  to  any  person  PoUce  fund, 
or  persons  out  of  the  police  fund,  shall  be  certified  by  the  bursod. 
president  or  acting  president  of  the  board  of  police,  to  the 
comptroller,  who  shall  draw  his  warrant  on  the  treasurer 
therefor,  stating  therein  the  fund  to  which  the  same  is 
chargeable,  and  the  person  to  whom  payable ;  and  such 
warrant  shall  be  countersigned  by  the  president,  or  in  his 
absence,  by  the  acting  president  of  the  board  of  police  and 
the  mayor. 

Sec.  23.  No  expense,  other  than  salaries  and  pay  herein  Power  of 

^  '  ^    •'  board  to  in- 

provided,  shall  be  incurred  by  the  board  of  police,  except  jj^j^g]'*^""*' 
for  rents,  stationery,  printing,  advertising,  fuel  and  light, 
unless  the  same  shall  be  expressly  authorized,  and  provi- 
sion therefor  made,  as  a  separate  county  or  city  charge,  by 
the  board  of  supervisors  for  the  county  of  Cook,  or  the 
common  council  of  the  city  of  Chicago,  within  which  the 
expenditure  becomes  necessary.     The  books  and  accounts  Books  and 

i  •/  accounts  to 

kept  by  said  board  shall  be  at  all  times  subject  to  the  in-  Jjspection/^ 
spection  of  the  mayor   and  comptroller  ;  and  the  common 
council  may,  at  any  time,  require  any  information  respecting 
the  same,  the  disclosure  of  which  will  not  impair  the  useful- 
ness and  efficiency  of  the  police  department. 

Sec.  24.  The  board  of  police  shall  at  all  times  cause  the  £f  eifyor: 
ordinances  of  the  city  to  be  properly  enforced ;  and  it  shall  •^°^°'^'''*- 
be  the  duty  of  said  board,  at  all  times,  whenever  consistent 
with  the  rules  and  regulations  of  tlie  board  and  with  the 
requirements  of  this  chapter,  to  furnish  all  information 
desired,  and  comply  with  all  the  requests  made  by  the  com- 
mon council  of  said  city,  or  by  the  mayor  thereof,  to  quell 
riots,  supptess  insurrections,  protect  the  property  and  pre- 
serve the  public  tranquillity.     The  board  of   police  shall  Power  to  i-=- 

sue  subpce- 

liave  the  power  to  issue  subi)oenas,  tested  in  the  name  of  its  "^-^  f-^^  ^t- 

*■  ^  nesse^. 

president,  to  compel  before  it,  the  attendance  of  witnesses 


120 


CITY    CHARTER. 


Power  to 
compel  at- 
tendance of 
witnesses. 


upon  any  proceeding  authorized  by  its  rules  and  regulations. 
?er  mSibT  Each  commissioner  of  police,  the  superintendent  of  police, 
and  the  secretary  of  the  board  of  police,  are  hereby  given 
power  to  administer,  take,  receive  and  subscribe  all  affirma- 
tions and  oaths  to  any  witnesses  summoned  and  appearing 
in  any  matter  or  proceeding  authorized  as  aforesaid,  or  to 
any  depositions  necessary  by  the  rules  and  regulations  of 
the  board.  Any  willful  and  corrupt  false  swearing  by  any 
witness  or  person  making  deposition  before  any  of  the 
officers  last  mentioned,  to  any  material  fact,  in  any  necessary 
proceedings  under  the  said  rules  and  regulations,  shall  be 
deemed  perjury^  and  punished  in  the  manner  now  prescribed 
by  law  for  such  offence.  The  provisions  of  law  now  exist- 
ing in  respect  to  attachment  of  witnesses  before  justices  of 
the  peace,  and  to  the  compulsory  attendance  of  the  said 
witnesses,  to  appear  and  testify  before  them,  are  hereby 
applied  to  the  case  of  witnesses  subpoenaed  before  the  board 
of  police. 

Sec.  25.  The  board  of  police  shall  require  and  make 
suitable  provisions  respecting  security  to  be  entered  into  by 
the  superintendent  and  deputy  superintendent  of  police,  and 
by  the  captains  of  police,  and  for  the  taking,  by  members 
of  the  police  force,  of  an  oath  of  office,  and  the  registry  of 
the  certificate  of  the  same  in  a  book  to  be  kept  for  that 
purpose  by  the  board,  which  oath  of  office  may  be  taken 
before  any  commissioner  of  police,  who  is  hereby  empowered 
to  administer  and  receive  the  same. 

Sec.  26.  The  superintendent  of  police  shall  make  to  the 
board,  quarterly  reports,  in  writing,  of  the  state  of  the 
police  force,  with  such  statistics  and  suggestions  as  he  may 
deem  advisable  for  the  improvement  of  the  police  govern- 
ment and  discipline.  The  board  of  police  shall,  on  or  before 
the  first  Monday  in  April,  in  each  year,  report  in  writing, 
the  condition  of  the  police  within  the  said  city,,  to  the  com- 
mon council. 

Sec.  27.  No  person  holding  office  under  this  act  shall  be 


Security  to 
be  taken 
from  certain 
officers  of  po- 
lice. 


Oath  of  office. 


Superin- 
tendent to 
make  quar- 
terly reports. 


Annual  re- 
port to  be 
made  by 
board. 


Exemption 
from  milita- 
ry and  jury 
duty,  &c. 


THE    POLICE   DEPARTMENT.  121 

liable  to  military  or  jury  duty,  or  to  arrest  on  civil  process, 
while  actually  on  duty. 

Sec.  28.  It  shall  be  a  misdemeanor,  punishable  by  im-  l^^^aSing 
prisonment  in  the  county  jail,  not  less  than  one  year  nor  ^'^<=*^"'  *=• 
exceeding  two  years,  for  any  person,  without  justifiable  or 
excusable  cause,  to  use  personal  violence  upon  any  elector 
in  said  city  of  Chicago  while  attending  the  polls  upon  any 
election  day,  or  upon  any  member  of  the  police  force  thereof 
when  in  the  discharge  of  his  duty  ;  or  for  any  such  member 
to  neglect  making  any  arrest  for  an  offence  against  the  law 
of  the  state,  committed  in  his  presence,  or  for  any  person, 
not  a  member  of  the  police  force,  to  falsely  represent  himself 
as  being  such  member  with  a  fraudulent  design. 

BOARD  OF  HEALTH. 


Sec.  29.  In  addition  to  their  other  powers  and  duties,  Commission- 

^  ers  to  act  as 

said  board  of  police  shall  also  perform  the  duties  of  a  board  ^^^**^^ 

of  health  ;  and  shall  make  diligent  inquiry  with  respect  to 

all  matters  afifectinff  the  health  of  said  city,  and  cause  all  Power  to 

"  "^  abate  nui- 

nuisances  which  may  exist,  which  they  may  deem  obnoxious  nances. 
to  the  health  and  lives  of  its  inhabitants,  to  be  abated  or 
removed  at  their  discretion,  under  a  penalty  of  not  less  than 
five,  nor  more  than  five  hundred  dollars,  for  every  neglect  or 
refusal  of  any  person  to  comply  with  any  order  of  said 
board. 

Sec.  30.  It  shall  be  lawful  for  said  board,  to  take  such  Empowereii 

to  take  meas- 

measures  as  they  may,  from  time  to  time,  deem  necessary,  to  ^^^^  *^  p^e- 
prevent  the  spread  of  any  pestilential  or  infectious  disease  ;  spread  of  dis- 
to  see  that  suitable  provisions  are  made  for  the  accommoda- 
tion of  such  sick  persons  as  properly  come  under  the  care 
of  the  city ;  and  to  make  daily,  weekly  or  monthly  reports  Reports  of 
of  the  mortality  of  the  city,  as  they  may  think  proper  and 
expedient. 

Sec.  31.  Every  person  practicing  physic  in  the  city,  who  Physicians  to 
shall  have  a  patient  laboring  under  any  malignant  or  yellow  ^  patients. 
fever,  or  other  infectious  or  pestilential  disease,  shall  forth- 


122  CITY   CHARTER. 


with  make  report  thereof,  in  writing,  to  the  secretary  of  said 
board ;  and  for  neglecting  so  to  do,  shall  be  considered  guilty 
of  a  misdemeanor,  and  be  liable  to  a  fine  of  fifty  dollars,  to  be 
sued  for  and  recovered  in  an  action  of  debt,  in  any  court 
having  cognizance  thereof,  with  costs,  for  the  use  of  said 
city. 
boat*fand  °^  ^EC.  32.  It  shall  bc  the  duty  of  said  board,  to  detail  some 
vessels,  &c.  Qf^QQj.  ^f  i[^q  policc  forcc,  to  visit  and  inspect  all  boats  or 
vessels  coming,  or  lying  and  being  within  the  harbor  of  the 
city,  which  are  suspected  of  having  on  board  any  pestilential 
or  infectious  disease,  and  all  stores  and  buildings  which 
are  suspected  to  contain  unsound  provisions  or  damaged 
hides,  or  other  articles,  and  to  make  report  of  the  state  of 
the  same,  with  all  convenient  speed,  to  the  president  of  said 
board. 
denuSected  ^^^'  ^^-  ^^^  porsons  in  Said  city,  not  resident  thereof, 
brremovTd."''  who  shall  bc  iufocted  with  any  pestilential  or  infectious 
disease,  and  all  things  which,  in  the  opinion  of  said  board, 
shall  be  infected  by,  or  tainted  with,  pestilential  matter, 
and  ought  to  be  removed,  so  as  not  to  endanger  the  health 
of  the  city,  shall,  by  order  of  said  board,  be  removed  to 
some  proper  place,  not  exceeding  fifteen  miles  beyond  the 
city  bounds,  to  be  provided  by  the  board  at  the  expense  of 
the  person  who  may  be  removed,  if  able ;  and  the  board 
may  order  any  furniture  or  wearing  apparel  to  be  destroyed, 
whenever  they  may  judge  it  to  be  necessary  for  the  health 
of  the  city,  by  making  just  compensation. 
Jefmly  bT  ^EC.  34.  In  casc  any  boat  or  vessel  shall  come  or  be 
quarantine,  within  the  liarbor  or  jurisdiction  of  the  city,  and  the  said 
board  shall  believe  that  such  boat  or  vessel  is  dangerous  to 
the  inhabitants  of  said  city,  in  consequence  of  her  bringing 
and  spreading  any  pestilential  or  infectious  disease  among 
said  inhabitants,  or  have  just  cause  to  suspect  or  believe, 
that  if  said  boat  or  vessel  is  suffered  to  remain  within  the 
harbor  or  jurisdiction  aforesaid,  it  will  be  the  cause  of 
spreading  among  the  said   inhabitants  any  pestilential  or 


THE   POLICE   DEPARTMENT.  123 


infectious  disease,  it  shall  and  may  be  lawful  for  the  said 
board,  by  an  order  in  writing,  signed  by  the  president  for 
the  time  beinf^,  to  order  such  boat  or  vessel  to  be  forthwith 
removed  to  any  distance,  not  exceeding  fifteen  miles  beyond 
the  bounds  of  said  city,  after  the  delivery  of  such  order  to 
the  owner  or  consignee  of  said  boat  or  vessel,  to  quaran- 
tine, under  such  regulations  and  for  such  time  as  the  common 
council  or  said  board  may  prescribe ;  and  if  the  master,  owner, 
or  consignee,  to  whom  such  order  shall  be  delivered,  shall  neg- 
lect or  refuse  to  comply  therewith,  or  if  after  such  removal, 
such  master,  owner,  or  consignee,  shall  neglect  or  refuse  to 
obey  the  regulation  which  may  be  prescribed,  the  said  presi- 
dent may  enforce  such  removal  or  other  regulations,  in  such 
manner  as  the  council  may  by  ordinance  direct ;  and  such 
master,  owner,  or  consignee,  shall  be  considered  guilty  of  a 
misdemeanor,  and  on  conviction,  shall  be  fined  a  sum  not 
exceeding  two  hundred  and  fifty  dollars,  and  imprisoned  not 
exceeding  six  months  in  the  jail  of  Cook  county,  or  in  the 
city  bridewell  or  house  of  correction,  by  any  court  having 
cognizance  thereof.  The  said  fine  shall  be  paid  into  the 
treasury. 

Sec.  35.  The  common  council  shall  have  power  to  pre-  pr"gcribe™*^ 
scribe  other  powers  and  duties  to  be  exercised  and  performed  and^duurs!" 
by  said  board  for  sanitary  purposes,  and  to  punish  by  fine 
or  imprisonment,  or -both,  any  refusal  or  neglect  to  observe 
the  orders  and  regulations  of  the  board  upon  this  subject. 
The  members  of  the  police  force  shall  be  authorized,  under 
the  direction  of  said  board,  to  enter  all  houses  and  other 
places,  private  or  public,  and  boats  or  other  vessels,  at  all 
titnes,  in  the  discharge  of  any  duty  under  the  sanitary 
provisions  of  this  act. 

Sec.  36.  All  acts  and  parts  of  acts  inconsistent  with  the  Repealing 

^  clause. 

provisions  of  this  chapter,  are  hereby  repealed,  together 
with  all  modes  and  qualifications  of  appointment  to  office, 
as  members  of  the  police  department,  or  of  elections  to 
office  therein,  inconsistent  with  the  provisions  hereof. 


124 


CITY    CHARTER. 


CHAPTER   XI. 


THE  POLICE  COURT. 


ECTION. 

1.  Justices  of  the  peace  to  be  designated 

by  council  to  hold  a  police  court. 

2.  Daily  sessions  to  be  held ;  power  of  jus- 

tices to  fine  or  imprison. 

3.  Execution  to  issue  on  rendition  of  judg- 

ment ;  when  body  of  defendant  may 
be  taken ;  imprisonment  for  non-pay- 
ment. 

4.  Appeals  and  changes  of  venue. 

5.  All  suits  in  behalf  of  the  city  to  be 

brought  in  corporate  name. 

6.  The  first  process  shall   be  a  summons ; 

when  warrant  may  issue. 

7.  Penalties  not  to  be  remitted,  unless  by 

two-thirds'  vote  of  the  council;  mayor 
authorized  to  release  prisoners  com- 
mitted to  bridewell. 

8.  Salary  of  police  justices ;  all  fees  to  be 

paid  into  city  treasury. 

9.  Election  of  police-court  clerk  ;  oath  of 

office  and  bond ;  salary ;  power  to  ad- 
minister oaths  and  appoint  deputies. 


Section. 

10.  When  clerk's  ofiSce  vacant,  the  court 

may  appoint  ad  interim. 

11.  Duties  of  clerk. 

12.  Witness  fees,  when  to  be  taxed ;  how 

paid. 

13.  Clerk  to  prosecute  in  absence  of  city 

attorney;    police    officers    prohibited 
from  conducting  prosecution. 

14.  Clerk  to  make  daily  reports   to  comp- 

troller; moneys  received  to  be  paid 
over  daily. 

15.  In  case  of  failure  to  make  report  and 

pay  over  moneys,  clerk  to  be  removed. 

16.  Council  authorized  to  provide  for  the 

appointment  of  prosecuting  attorney ; 
duties  of  said  attorney. 

17.  Clerk  and  attorney    to  perform  such 

other  duties  as  council  may  prescribe, 

18.  Sessions  of  the  court  to  be  held  only  in 

one  place;     court  room    not    to    be 
changed  without  a  vote  of  the  council. 


Justices  of        Section  1.  The  common  council  shall  in  the  month  of 

peace  to  be 

tohlwa "^ o  ^^y  next,  after  the  commencement  of  the  ensuing  municipal 
hce  court,  year,  and  biennially  thereafter,  designate  two  or  more 
justices  of  the  peace  in  said  city,  who  shall  have  exclusive 
jurisdiction  as  justices  of  the  peace,  for  two  years,  or  until 
their  successors  shall  be  appointed,  in  all  actions  for  the 
recovery  of  any  fine  or  penalty  under  the  laws  of  said  city, 
and  all  ordinances,  by-laws  or  police  regulations  thereof. 
Should  any  vacancy  occur,  it  shall  be  filled  by  the  common 
council,  but  the  person  so  appointed  shall  serve  for  the  un- 
expired term  only. 

Sec.  2.  The  said  justices  of  the  peace  so  designated,  shall 
daily,  jjg  styled,  police  justices,  and  shall  hold  a  police  court  in 
said  city.  One  of  them  shall  hold  a  session  of  said  police 
court  daily,  (Sundays  excepted),  in  such  place  as  the  said 
common  council  may  provide  and  appoint,  until  the  business 
before  them  or  him  is  disposed  of.     Said  justices  shall  have 


Sessions  of 
the  cou 
be  held 


the  court  to 


THE   POLICE   COURT.  125 


power  to  fine  or  imprison,  or  both,  in  their  discretion,  where 
discretion  may  be  vested  in  them  by  the  ordinance  or  regu- 
lation, or  by  this  act. 

Sec.  3.  Execution  may  be  issued  immediately  on  the  Execution, 

''  "  \rhea  iBouea. 

rendition  of  judgment.  If  the  defendant  in  any  such 
action,  have  no  goods  or  chattels,  lands  or  tenements, 
whereof  the  iudgment  can  be  collected,  the  execution  shall  y^f°  ^^- 

«^        o  7  feudant  may 

require  the  defendant  to  be  imprisoned  in  close  custody  in  J^  impnaon 
the  jail  of  Cook  county,  or  bridewell,  or  house  of  correction, 
for  a  term  not  exceeding  six  months,  in  the  discretion 
of  the  magistrate  or  court  rendering  judgment ;  and  all 
persons  who  may  be  committed  under  this  section,  shall  be 
confined  one  day  for  each  fifty  cents  of  such  judgment  and 
costs.  All  expenses  incurred  in  prosecuting  for  the  recovery 
of  any  penalty  or  forfeiture,  when  collected,  shall  be  paid 
to  the  treasurer  for  the  use  of  the  city. 

Sec.  4.  Appeals  and  change  of  venue,  shall  be  allowed  Appeals  and 

i^i  o  '  change  of 

and  may  be  taken  from  police  justices,  in  all  cases,  in  the  "^^'^°^* 
same  manner  as  before  other  justices  of  the  peace. 

Sec.  5.  All  actions  brought  to  recover  any  penalty  or  ^^^^rou^ht^*' 
forfeiture  incurred  under  this  act,  or  the  ordinances,  by-  na^g?^^**^ 
laws,  or  police  regulations  made  in  pursuance  of  it,  shall 
be  broucrht  in  the  corporate  name.     It  shall  be  lawful  to  "Deciara- 

°  ^  tion,"debt. 

declare,  generally,  in  deht  for  such  penalty  or  forfeiture, 
stating  the  clause  of  this  act  or  the  by-laws  or  ordinances 
under  which  the  penalty  or  forfeiture  is  claimed,  and  to 
give  the  special  matter  in  evidence  under  it. 

Sec.  6.  In  all  prosecutions  for  any  violation  of  any  ordi-  ^"[^J^®^' 
nance,  by-law,  police,  or  other  regulation,  the  first  process  uX^^^th 
shall  be  a  summons,  unless  oath  or  affirmation  be  made  for    ^™   ®' 
a  warrant,  as  in  other  cases. 

Sec.  7.  Neither  the  mayor  or  common  council  shall  re-  realties  t* 

^  be  remitted 

mit  any  fine  or  penalty  imposed  upon  any  person  for  the  t,"-fd8''^47e 
violation  of  the  laws  or  ordinances  of  said  city,  unless  two-  <^'councu. 
thirds  of  all  the  aldermen  authorized  to  be  elected,  shall 
vote  for  such  release  or  remission ;  but  the  mayor  shall  be 


126 


CITY    CHARTER. 


Mayor  may 
release  from 
the  bride- 
well. 


Salary  of  jus- 
tices. 


Fees  to  be 
relinquished 
and  paid  into 
city  treasu- 
ry- 


Election  of 
police-court 
clerk. 


Salary. 


Powers. 


Court  may 
fill  tempora- 
ry vacancy. 


authorized,  in  his  discretion,  to  release  from  imprisonment, 
any  person  committed  to  the  bridewell  or  house  of  correc- 
tion, or  county  jail,  for  a  violation  of  the  ordinances  of  said 
city,  by  virtue  of  the  judgment  of  said  police  court. 

Sec.  8.  The  said  justices  shall  be  compensated  by  a 
salary,  to  be  fixed  by  the  common  council,  for  doing  the 
business  of  said  police  court,  in  lieu  of  all  other  compensa- 
tion or  fees  whatever  accruing  from  the  business  to  be  dis- 
posed of ;  and  the  said  justices,  so  designated,  shall  not  enter 
upon  their  duties,  nor  be  appointed  to  hold  such  court,  as 
justices  of  the  peace  aforesaid,  unless  they  first  sign  and 
execute  an  express  relinquishment  in  writing  in  favor  of  the 
city,  of  all  other  fees,  emoluments,  or  compensation  what- 
ever, than  what  may  be  provided  by  a  salary  to  be  fixed  as 
aforesaid  by  the  common  council;  and  such  express  relin- 
quishment shall  be  filed  in  the  comptroller's  office  ;  and  all 
justices'  fees  and  costs  collected  in  all  actions  brought  for 
said  city,  under  the  city  charter,  shall  be  paid  into  the  city 
treasury  as  other  revenue  of  the  city. 

Sec.  9.  There  shall  be  elected  by  the  people  at  the  next 
municipal  election,  and  biennially  thereafter,  one  "  police- 
court  clerk,"  who  shall  hold  his  office  for  two  years,  and 
until  his  successor  is  elected  and  qualified.  He  shall  take 
an  oath,  the  same  as  other  officers  elected  under  this  act, 
and  shall  execute  a  bond  with  sufficient  security  to  the  city, 
to  be  approved  by  the  common  council.  He  shall  receive  a 
fixed  salary  for  his  services,  the  amount  thereof  to  be  de- 
termined by  the  common  council.  He  shall  have  power  to 
administer  oaths,  and  appoint  deputies,  when  in  the  opinion 
of  the  common  council  it  may  be  necessary  ;  in  which  case, 
said  deputies  shall  be  nominated  by  said  clerk  and  approved 
by  the  common  council,  and  the  common  council  may  pre- 
cribe  the  duties  and  fix  the  compensation  of  such  deputies. 

Sec.  10.  In  case  of  the  temporary  inability  or  absence 
of  the  clerk,  or  in  case  of  a  vacancy  in  said  office,  and  when 
there  is  no  deputy,  the  police  court  may  appoint  some  com- 


THE    POLICE   COURT.  127 


petent  person  to  discharge  the  duties  of  the  office,  until  the 
vacancy  is  filled  or  ceases. 


Sec.  11.  The  duties  of  the  police-court  clerk  shall  be  to 


Duties  of 
clerk. 


keep  a  full,  detailed  and  complete  account  on  his  docket,  of 
all  cases  and  persons  arrested  and  brought  before  the  police 
court;  how  tried  and  disposed  of;  the  number  of  cases  dis- 
posed of;  the  cases  in  which  moneys  have  been  collected; 
and  the  cases  in  which  money  is  to  be  collected  ;  the  amount 
of  all  forfeitures,  penalties,  and  fines  assessed,  or  the 
punishment  fixed  in  each  case,  with  the  fees  and  costs  ac- 
crued and  accruing  thereon;  and  to  collect,  prosecute  and 
receive  payment  of  all  such  fees,  fines,  penalties  and  for- 
feitures, and  all  judgments  and  executions,  and  all  moneys 
whatever  accruing  or  to  be  paid  in,  for  the  use  of  said  city, 
from  the  enforcement  of  any  of  the  laws  thereof,  and  forth- 
with to  pay  over  the  same  to  the  treasurer  of  said  city. 

Sec.  12.  Witness  fees  in  all  cases  in  the  police  court,  in  2,°wheiito 
which  the  city  is  a  party,  shall  be  taxed  and  collected  only  ^^  **^®*^' 
when  demanded  or  claimed  by  the  witness  at  the  time  of 
trial ;  and  no  witness  shall  be  allowed  more  than  one  fee  for 
any  one  day's  attendance,  nor  shall  any  witness  fee  be  taxed, 
in  any  case,  in  favor  of  any  member  of  the  police  force.    All  to  be  paid 

*'  "^  ^  into  city 

witness  fees,  when  collected,  shall  be  paid  into  the  city  treasury. 

treasury  for  the  benefit  of  such  witnesses.     It  shall  be  the 

duty  of  the  clerk  to  deliver  to  each  witness  who  is  entitled 

to  receive  from  the  city  any  witness  fee,  a  certificate  thereof, 

showing  the  name  of  such  witness,  the  suit  in    which  he 

testified,    and   the  amount  to  which  he  is  entitled.     The  Comptroller 

to  pay  wit- 
comptroller  shall  draw  his  warrant  on    the   treasui'er,  on  'lesses. 

presentation  of  said  certificate,  in  favor  of  the  party  enti- 
tled to  such  fee,  provided  the  same  be  presented  within  one 
week  after  the  filing  of  the  daily  report,  referring  to  said 
certificate,  hereinafter  required  from  the  clerk  of  said  court. 

Sec.  13.  It  shall  be  the  duty  of  the  police-court  clerk,  to  pJSecSein 
see  that  all  cases  are  properly  prosecuted  before  said  police  cityat'torney. 
court,  in  the  absence  of  the  city  attorney,  and  no  police 


128  CITY    CHARTER. 


officer  shall  conduct  any  prosecution.  He  shall  take  care 
that  said  fines,  penalties,  forfeitures,  fees,  judgments  and 
executions  are  collected  in  all  cases  as  speedily  as  may  be, 
and  the  police  justices  shall,  so  far  as  is  possible,  aid  said 
clerk  in  the  collection  thereof. 
Sake  daily  3  ^'^^'  ^^-  ^hc  Said  poHcc-court  clerk  shall,  at  the  close 
comptroller,  ^f  cvcry  day,  make  a  written  report  to  the  comptroller, 
containing  the  name  and  number  of  each  case  disposed  of 
during  the  day,  in  which  the  city  is  a  party,  and  its  final 
disposition ;  the  names  of  all  witnesses  in  each  case,  to 
whom  certificates  for  witness  fees  have  been  issued,  with 
the  amount  of  each  fee ;  and  also  the  amount  of  all  such 
fines,  fees,  penalties  and  forfeitures,  as  he  may  have  col- 
lected during  said  day.  He  shall  also  specify  in  his  said 
report,  the  number  of  cases  pending ;  the  number  of  cases 
in  which  any  fine,  forfeiture  or  penalty  has  been  inflicted, 
and  the  amount  thereof;  and  also  the  amount  of  moneys 
outstanding  to  be  collected  in  such  cases ;  and  the  state  of 
each  case  respectively;  and  upon  making  each  and  every 
such  statement,  he  shall  verify  the  same  by  oath  taken  before 
some  competent  officer,  that  such  statement  is  a  full,  fair 
and  complete  statement  of  the  moneys  received  and  col- 
lected by  him  during  said  day,  and  of  all  matters  required 
Jo  pay  over  \)j  j^w  to  bc  embraced  in  said  report.  He  shall  also  pay 
KteY^  ^°^'  over  to  the  city  treasurer,  at  the  close  of  every  day,  all 
moneys  received  and  collected  by  him  as  such  clerk,  and 
shall  file  his  receipt  therefor  with  the  said  comptroller. 
Clerk  failing       Sec.  15.  In  casc  of  the  failure  of  such  clerk  to  make 

to  report  and 

pay  over,  to  g^ch  rcDort,  aiid  pav  over  said  moneys  daily,   as  herein  re- 
be  removed.  r        7  r    ./  t/  ./  ? 

quired,  a  notice  shall  be  served  on  him  by  the  comptroller, 
that,  within  three  days,  he  is  required  to  make  such  returns, 
and  pay  over  all  moneys  received,  and,  in  case  of  the  fail- 
ure of  said  clerk  to  pay  over  said  moneys  and  make  such 
report  to  the  satisfaction  of  said  comptroller,  he  shall  be 
suspe  ded  and  removed  from  office,  by  the  mayor,  with  the 
concurrence  of  the  common    council,    and   thereupon   the 


THE   POLICE   COURT.  129 


mayor,  by  and  with  the  advice  and  consent  of  the  common 
council,  sliall  appoint  his  successor  to  fill  the  vacancy  during 
the  unexpired  term. 

Sec.  16.  The  common  council,  if  it  tliink  proper,  may,  prov'ide  S^^ 

1  T  •  ^      ly        A^i  '    J.  J.      ly  J.*  appointment 

by  ordmance,  provide  tor  the  appointment  oi  a  prosecuting  of  prosecut- 
attorney  for  said  police  court,  to  manage  all  city  cases  ney. 
before  it,  and,  in  such  case,  may  provide  for  his  compensa- 
tion by  a  salary.     In  case  of  the  appointment  of  such  pros- 

f     ^  ^•  Tin  n   His  dutics. 

ecuting  attorney  or  the  police  court,  he  shall  prosecute  all 
cases  before  it,  and  also  superintend  the  collection  of  fees, 
fines,  forfeitures,  judgments  and  executions,  and  keep  a 
docket  thereof,  and  file  a  monthly  report  of  the  number  of 
all  cases  commenced,  and  all  cases  disposed  of,  with  the 
names  of  parties  sued,  and  the  amount  of  fines,  fees  and 
forfeitures  collected,  with  the  number  of  cases  where 
moneys  are  uncollected,  and  the  amount  thereof,  and  file 
such  reports  in  the  city  comptroller's  office. 

Sec.  17.  The  clerk  of  the  police  court  and  police  prose-  council  may 
cuting  attorney,  (if  any,)  shall  perform  such  other  duties  as  other"duties. 
may  be  prescribed  by  ordinance  of  the  common  council. 

Sec.  18.  The  sessions  of  the  police  court  shall  be  held  in  fng^'ih^^^^' 
but  one  place,  where  all  examinations  upon  criminal  charges 
before  the  justices  thereof  shall  be  had;  and  where  also,  all 
other  business  of  every  kind  coming  before  the  justices  of 
said  police  court,  shall  be  transacted  ;  and  the  place  of  hold- 
ing said  court  shall  not  be  changed  without  a  vote  of  the 
common  council. 


lice 
court. 


130 


CITY    CHARTER. 


Power  to  pre= 
scribe  fire 
limits. 


To  regulate 

chimneys, 

&c. 


Deposit  of 
ashes. 


CHAPTER  XII. 

FIRE    DEPARTMENT. 


SECTI03I. 

1.  Power  to  prescribe  fire  limits ;  to  pro- 

hibit the  erection  of  Mooden  buildings. 

2.  Power  to  regixlate  construction  of  chim- 

neys ;  deposit  of  ashes ;  dangerous 
manufactories;  fireworks;  to  require 
scuttles  in  the  roofs  of  houses ;  gener- 
al powers  relating  to  fires. 

3.  Common  council  to  procure  fire  engines ; 

to  organize  fire  companies ;  to  appoint 
firemen  and  prescribe  their  duties. 

4.  Engineers  and  firemen  to  take  charge 


Section. 

of  fire  engines  and  apparatus ;  COTmcil 
may  define  their  duties. 

5.  Assistant  engineers  to  act  as  fire  war- 

dens ;  their  duties. 

6,  Council  may  authorize  appointment  of 

fire  marshal ;  his  duties  and  powers. 

7.  Members  of  the  common   council  and 

firemen  exempt  from  jury  and  milita- 
ry duty. 

8,  Fund  to  be  set  apart  for  relief  of  disa- 

bled firemen ;  fire-telegraph  fund. 


Section  1.  The  common  council,  for  the  purpose  of 
guarding  against  the  calamities  of  fire,  shall  have  power  to 
prescribe  the  limits  within  which  wooden  buildings  shall  not 
be  erected  or  placed  or  repaired,  without  permission,  and  to 
direct  that  all  and  any  buildings,  within  the  limits  prescribed, 
shall  be  made  or  constructed  of  fire-proof  materials,  and  to 
prohibit  the  repairing  or  rebuilding  of  wooden  buildings, 
within  the  fire  limits,  when  the  same  shall  have  been 
damaged  to  the  extent  of  fifty  per  cent,  of  the  value 
thereof,  and  to  prescribe  the  manner  of  ascertaining  such 
damage. 

Sec.  2.  The  common  council  shall  also  have  power : 

First.  To  prevent  the  dangerous  construction  and  con- 
dition of  chimneys,  fire-places,  hearths,  stoves,  stove  pipes, 
ovens,  boilers  and  apparatus  used  in  and  about  any  building 
or  manufactory,  and  to  cause  the  same  to  be  removed  or 
placed  in  a  safe  and  secure  condition,  when  considered 
dangerous. 

Second,  To  prevent  the  deposit  of  ashes  in  unsafe  places, 
and  to  cause  all  such  buildings  and  inclosures  as  may  be  in 
a  dangerous  state,  to  be  put  in  safe  condition. 


L 


THE   FIRE   DEPARTMENT.  131 

Third.     To  rea;ulate  and  prevent  the  carryino;  on  of  D^ngerons 
manufactories  dangerous  in  causing  or  promoting  fire.  ^'^^• 

Fourth.     To  regulate  and  prevent  the  use  of  fire-works  ^''^®-^'<^'''^« 
and  fire-arms. 

Fifth.     To  compel  the  owners  or  occupants  of  houses  or  f^J"*^^  *°^ 
other  buildings,  to  have  scuttles  in  the  roofs,  and  stairs  or 
ladders  leading  to  the  same. 

Sixth.     To  authorize  the  mayor,  aldermen,  police,   or  to remove 

*'        -^  ^     J.  7  suspicious 

other  officers  of  said  city,  to  keep  away  from  the  vicinity  of  fhf^.'?.-n^t°™ 
any  fire,  all  idle  and  suspicious  persons,  and  to  compel  all  of'^"yfire. 
ofiScers  of  said  city,  and  other  persons,  to  aid  in  the  extin- 
guishment of  fires,  and  in  the  preservation    of  property 
exposed  to  danger  thereat. 

Seventh.     And  generally,  to  establish  such  regulations  To  establish 

°  "^  '  °  regulations 

for  the  prevention  and  extinguishment  of  fires,  as  the  com-  f?r  preven- 

*  o  /  tion  of  fires. 

mon  council  may  deem  expedient. 

Sec.  3.  The  common  council  shall  procure  fire  engines  Fire  engines 
and  other  apparatus  used  for  the  extinguishment  of  fires,  tus. 
and  have  the  charge  and  control  of  the  same,  and  provide 
fit  and  secure  engine  houses  and  other  places,  for  keeping 
and  preserving  the  same ;  and  shall  have  power : 

First.     To  organize  fire,  hose,  hook  and  ladder,  and  axe  ^F^  compa- 

o  '  '  '  mes. 

companies. 

Second.     To  provide  for  the  appointment  of  a  competent  ^^f^}\ 
number  of  able  and  reputable  inhabitants  of  said  city,  fire-  ™^^- 
men,  to  take  the  care  and  management  of  the  engines  and 
other  apparatus  and  implements,  used  and  provided  for  the 
extinguishment  of  fires. 

Third.     To  prescribe  the  duties  of  firemen    and  their  Duties  and 

,./.,.      compensa- 

compensation,  and  to  make  rules  and  regulations  for  their  tion  of  fire- 
government,  and  to  impose  reasonable  fines  and  forfeitures 
upon  them  for  a  violation  of  the  same ;  and  for  incapacity, 
neglect  of  duty  or  misconduct,  to  remove  them. 

Sec.  4.  The  chief  and  assistant   engineers   of  the  fire  Duties  of 

chief  engi- 

department,  with  the  other  firemen,  shall  take  the  care  and  neer  and  as- 

'■  ^         sistants. 

management  of  the  engines  and  other  apparatus  and  im- 


132  CITY  CHARTER. 


plements  used  and  provided  for  the  extinguishment  of  fires  ; 
and  their  duties  and  powers  shall  be  defined  by  the  common 
council. 
^c7as*fir?**'  Sec.  5.  The  assistant  engineers  of  the  fire  department 
shall  also  act  as  fire  wardens,  and  it  shall  be  their  duty  to 
examine  all  buildings  and  inclosures,  to  discover  whether 
the  same  are  in  a  dangerous  state,  and  to  report  to  the  chief 


wardens. 


engineer,  all  violations  of  the  charter  or  ordinances  of  said 
city  in  relation  to  the  prevention  or  extinguishment  of  fires. 
Firemarshai.  gjjc,  Q^  ^hc  commou  council  shall  havc  power,  in  its 
discretion,  to  authorize  the  appointment  of  a  fire  marshal, 
whose  duty  it  shall  be  to  inquire  into  and  investigate  the 
cause  of  all  fires  which  may  occur  in  the  city,  as  soon  as 
may  be  after  they  occur,  and  to  keep  a  record  of  his  pro- 
ceedings, and  of  the  evidence  in  each  case,  and  to  file  the 
same  or  a  copy  thereof  in  the  office  of  the  city  clerk.  He 
shall  have  power  to  compel  the  attendance  of  any  person  in 
said  city  to  testify  upon  oath  concerning  any  fire  in  said 
city,  under  such  penalty  as  the  common  council  may  provide, 
and  he  is  hereby  authorized  to  administer  oaths  to  all  such 
witnesses.  He  shall  be  required  to  use  his  utmost  exertions 
in  the  discovery,  arrest  and  conviction  of  all  incendiaries, 
and  perform  such  other  duties  as  the  common  council  may 
prescribe.  Any  or  all  of  the  above  mentioned  duties  may 
be  devolved  by  the  common  council  upon  the  chief  engineer. 
anSemen  ^-^^'  '^*  The  members  of  tlic  commou  couucil  and  fircmcn, 
froXfiliT  shall,  during  their  term  of  service  as  such,  be  exempt  from 
duty™^  ^^^^^  serving  on  juries  in  all  courts  of  this  state,  and  in  the  militia. 
The  name  of  each  fireman  shall  be  registered  with  the  clerk 
of  the  city,  and  the  evidence  to  entitle  him  to  the  exemp- 
tion provided  in  this  section,  shall  be  the  certificate  of  the 
clerk,  made  within  the  year  in  which  the  exemption  is 
claimed. 
Fund  for  dis-       Sec.  8.   One-eio;hth  part  of  the  amount  of  all  fire-insur- 

abled  fire-  ^  ^ 

ance    rates,  which  shall    be   annuall}^   paid    into  the    city 
treasury,  as  hereinbefore  provided,  shall  be  reserved  and 


men 


THE   FIRE   DEPARTMENT.  133 


set  apart,  to  create  a  fund  for  the  relief  of  distressed  firemen, 
who  may  become  disabled  in  the  service  of  the  city  ;  and 
shall  be  used  solely  for  that  purpose.  Said  money  shall  be 
disbursed  in  such  sums,  and  under  such  rules  and  recula- 
tions,  as  the  common  council  shall  prescribe.  The  remain-  Fire-tek- 
ing  seven-eighths  of  the  aforesaid  revenue,  shall  be  retained  ^''^^  ^°''" 
by  the  city  and  allowed  to  accumulate,  until  a  sufficient  sum 
shall  have  been  realized  to  defray  the  expense  of  establish- 
ing a  fire-alarm  or  fire-telegraph  system  in  said  city,  and 
shall  be  then  used  for  that  purpose.  After  this  purpose 
shall  have  been  accomplished,  this  portion  of  the  aforesaid 
revenue  shall  be  applied  to  the  purchase  of  fire  engines  and 
other  apparatus  used  for  the  extinguishment  of  fires. 


134 


CITY    CHARTER. 


CHAPTEE   XIII. 

SCHOOLS  AND  SCHOOL  FUND. 


Section. 

1.  School  fund  of  town.  39,  range  14,  Test- 

ed in  the  city ;  power  of  council  to 
manage ;  to  lease  and  convey  school 
property. 

2.  Principal  of  the  fund  not  to  be  impair- 

ed :  interest  on,  to  be  used  only  in 
paying  teachers. 
8.  Powers  of  common  council  in  reference 
to  the  management  of  schools. 

4.  School  agent  to  have  management  of 

school  fund. 

5.  Agent  to  give  bond;  compensation  o^ 

to  be  paid  out  of  school  fund ;  liabili- 
ties for  misconduct. 

6.  School  fund  to  be  kept  loaned ;  securi- 

ties required ;  rate  of  interest. 

7.  Securities  to  be  taken  in  the  name  of 

the  city. 

8.  Borrower  to  pay  expenses  attending  loan 

9.  Debts  due  school  fund  from  deceased 

persons  to  be  paid  first. 

10.  Interest  at  15  per  cent,  to  be  charged 

from  default  in  payment ;  suits  may 
be  brought  to  recover  interest. 

11.  Judgments  to  bear  12  per  cent,  interest ; 

real  estate  sold  on,  may  be  bought  in 
by  the  city ;  redemption. 

12.  No  judicial  costs  to  be  charged  to  school 

fund. 

13.  If  any  debt  becomes  insecure,  further 

security  may  be  required ;  if  not  giv- 
en, suit  may  be  brought. 

14.  School  tax  to  be  deposited  with  the  city 

treasurer :  to  be  kept  a  separate  fund ; 
mode  of  disbursement. 


Section. 

15.  South  Chicago  school  district  abolished. 

16.  One  or  more  schools  to  be  established 

in  each  district ;  schools  for  negro  and 
mulatto  children. 

17.  Board  of  education  to'superintend  and 

control  the  schools;  general  powers 
and  duties  of  the  board. 

18.  Board  to  establish  by-laws  and  regular 

tions  for  the  government  of  schools ; 
to  employ  teachers. 

19.  Board  to  have  charge  of  school  houses 

and  furniture ;  to  provide  fuel ;  bills 
for  furniture  and  repairs  to  be  paid 
out  of  the  school-tax  fund. 

20.  Teachers    to  make  monthly  reports ; 

payment  of  teachers. 

21.  School  agent  to  report  quarterly  to  the 

common  council  the  amount  of  inter- 
est on  hand. 

22.  Board  of  education  to  appoint  a  presi- 

dent ;  to  keep  a  record  of  proceedings. 

23.  Powers  of  the  board  to  be  exercised  only 

at  formal  meetings ;  their  proceedings 
to  be  published. 

24.  Duty  of  the  board  to  recommend  meas- 

ures to  the  common  council. 

25.  Board  to  prepare  and  publish  an  annual 

report. 

26.  Superintendent  of  schools  to  be  appoint- 

ed biennially. 

27.  Duties  of  the  superintendent. 

28.  Members  and  officers  of  the  board  not 

to  be  interested  in  the  sale  of  school 
books. 


School  fund       SECTION  1.  The  school  laiids  and  school  fund  of  township 

of  township 

39,  range  14,  thirtv-ninc  north,  range  fourteen  east  of  the  third  principal 

manage-  ,/  ?  o  ±  ± 

ment  of  meridian,  shall  be,  and  the  same  are  hereby  vested  in  the 
city  of  Chicago.  The  common  council  shall,  at  all  times, 
have  power  to  do  all  acts  and  things  in  relation  to  said 
school  lands  and  school  fund,  which  they  may  think  proper 
to  their  safe  preservation  and  efficient  management ;  and 

Coimcii  may  sell  or  Icasc  Said  lands,  and  all  canal  or  other  lots  or  lands, 

sell  or  lease 

school  lands,  or  Other  property,  which  may  have  been,  or  may  hereafter 
be  donated  to  the  school  fund,  on  such  terms,  and  at  such 


SCHOOLS  AND   SCHOOL   FUND.  135 

times,  as  tlie  common  council  shall  deem  most  advantageous ; 
and,  on  such  sale  or  sales,  lease  or  leasings,  to  make,  execute 
and  deliver  all  proper  conveyances,  which  said  conveyances 
shall  be  signed  by  the  mayor  and  comptroller,  and  coun- 
tersigned by  the  clerk,  and  sealed  with  the  corporate  seal : 
Provided,  that  the  proceeds  arising  from  such  sales  shall  be  ^0*^^  J  {J 
added  to,  and  constitute  a  part  of  the  school  fund.  ^""^^^  ^""'^" 

Sec.  2.  Nothino;  shall  be  done  to  impair  the  principal  of  Principal  not 

'^  i  i  A^  to  be  mipair- 

said  fund,  or  to  appropriate  the  interest  accruing  from  the  ^'^• 
same,  to  any  other  purpose  than  the  payment  of  teachers 
in  the  public  schools  in  said  township. 

Sec.  3.  The  common  council  shall  have  power:  wi]^cu.° 

First.     To  erect,  hire  or  purchase  buildings  suitable  for  Buildings, 
school  houses,  and  keep  the  same  in  repair. 

Second.     To  buy  or  lease  sites  for  school  houses,  with  the  sites. 
necessary  grounds. 

Tliird.     To  furnish  schools  with  the  necessary  fixtures,  ^i^t'^^^'  *<^- 
furniture  and  apparatus. 

Fourth.     To  establish,  support  and  maintain  schools,  and  ^^^'^^^ 
supply  the  inadequacy  of  the  school  fund  for  the  payment 
of  the  city  teachers,  from  school  taxes. 


Fifth.     To  lay  ofi"  and  divide  the  city  into  school  dis- 


School  dis- 
tricts. 


tricts,  and,  from  time  to  time,  alter  the  same,  or  create  new 
ones,  as  circumstances  may  require. 

Sixth.     And  generally,  have  and  possess  all  the  rights,  oenerai  pow- 
powers  and  authority  necessary  for  the  proper  management 
of  schools   and  the  school  lands  and  funds  belonging  to  the 
township,  with  power  to  enact  such  ordinances   as  may  be 
necessary  to  carry  their  powers  and  duties  into  efi'ect. 

Sec.  4.  The   school    a^ent    shall  have  the  custody  and  ^^'^'^ifsent, 

o  J  his  powers. 

management  of  the  money,  securities,  and  property  belong- 
ing to  the  school  fund,  subject  to  the  direction  of  the  com- 
mon council. 

Sec.  5.  The  school  ao-ent,  before  enterinixupon  his  duties,  ^^^^'^  ^^^^} 

o        '  o     1  ^   to  give  bond. 

shall  give  bond  in  such  amount,  and  with  such  conditions 
and  sureties,  as  the  common  council  may  require.     His  com- 


136  CITY    CHARTER. 


compensa-     pensatioii  sliall  be  paid  out  of  the  school  fund ;  and  he  shall 
Penalty  for   he  subject  foi'  misconduct  in  office,  to  the  same  penalties  and 

misconduct.     ..'  ,  in  ..  ii*, 

imprisonment,  as  school  commissioners  are  or  may  be  subject 
to,  by  law. 
School  fund        Sec.  6.  Tlic  scliool  fuud  shall  be  kept  loaned  at  interest, 

to  be  kept 

loaned.  at  the  rate  of  twelve  per  cent,  per  annum,  payable  semi- 
annually, in  advance.  No  loan  shall  be  made,  hereafter, 
for  a  longer  period  than  ten  years,   and   all  loans  shall  be 

Security.  secured  by  unincumbered  real  estate  of  double  the  value  of 
the  sum  loaned,  exclusive  of  the  value  of  perishable  im- 
provements thereon :  Provided,  the  common  council  shall 
have  power  to  reduce  the  rate  of  interest,  by  a  vote  of  two- 
thirds  of  all  the  aldermen  elected ;  and  they  may  also,  by  a 
like  vote,  authorize  the  investment  of  said  funds  in  the 
bonds  of  the  city  of  Chicago. 


Securities  to       Sec.  7.  All  notcs  and  securities  shall  be  taken,  to  the 

be  taken  m  ^ 

name  of  the  ^[^j  ^f  Chicago,  for  the  usc  of  the  inhabitants  of  said  town- 
ship, for  school  purposes ;  and  in  that  name,  all  suits,  actions, 
and  every  description  of  legal  proceedings,  may  be  had. 

Borrower  to      Sec.  8.  All  exDcnses  of  preparing!  or  recording;  securities, 

pay  expen-  i  JL       l  O  O  7 

^^^-  shall  be  paid  exclusively  by  the  borrower. 

School  fund       Sec.  9.  In  the  payment  of  debts  of  deceased  persons, 

to  have  first  ^    "^  r  7 

claim  on  de-  thoso  duc  the  school  fuud,  shall  be  paid  in  preference  to  all 

ceased  per-  '  is: 

sons'  estate,   others,  cxcept  cxpcnscs  attending  the  last  illness  and  funeral 

of  the  deceased,  not  including  the  physician's  bill. 
Pefauit  in  Sec.  10.  If  default  be  made  in  the  payment  of  interest, 

paying  inter-  _       ^  j.     «/ 

est.  or  of  the  principal,  when  due,  interest  at  the  rate  of  fifteen 

per  cent,  upon  the  same,  shall  be  charged  from  the  default, 

Suits  to  be     and  may  be  recovered  by  suit  or  otherwise.     Suits  may  be 

brought.  ./  ./  J 

brought  for  the  recovery  of  interest  only,  when  the  princi- 
pal is  not  due. 
Interest  on        Sec.  11.  All  judo-ments  rccovcrcd  for  interest  or  princi- 

judgments.  «/       o  r 

pal,  or  both,  shall  respectively  bear  interest  at  twelve  per 
cent,  per  annum,  from  the  rendition  of  judgment,  until  paid; 
and  in  case  of  the  sale  of  real  estate  thereon,  the  city  of 
Chicago  may  become  the  purchaser  thereof,  for  the  use  of 


SCHOOLS   AND    SCHOOL   FUND.  137 

the  school  fund,  and  shall  be  entitled  to  the  same  rights 
given  by  law  to  other  purchasers.  On  redemption,  twelve 
per  cent,  interest  shall  be  paid  from  the  time  of  sale. 

Sec.  12.  No  costs  made  in  the   course  of  any  judicial  Ju'Jiciai 

•^    "  costs  not 

proceedings,  in  which  the  city  of  Chicago  for  the  use  of  gcKrfuud!' 
the  school  fund,  may  be  a  party,  shall  be  chargeable  to  the 
school  fund. 

Sec.  13.  If  the  security  on  any  loan  should  at  any  time  insecure 

•^  «^  "^  debts,  pro 

before  the  same  is  due,  become,  in  the  united  judgment  of  ceedings,  &c. 
the  school  agent  and  common  council,  insecure,  the  agent 
shall  notify  the  person  indebted,  thereof ;  and  unless  further 
satisfactory  security  shall  be  forthwith  given  by  the  debtor, 
judgment  may  be  recovered  thereon,  as  in  other  cases, 
althouffh  no  condition  to  that  effect  be  inserted  in  the  note 
or  other  security. 

Sec.  14.  The  school-tax  fund  shall  be  paid  into  the  city  schooi-tax 

^  .      .  "^    fund. 

treasury  and  be  kept  a  separate  fund,  for  the  building  of 
school  houses  and  keeping  the  same  in  repair,  and  support- 
ing and  maintaining  schools ;  and  shall  be  drawn  out  only 
in  payment  of  bills  approved  by  the  board  of  education,  on 
the  warrant  of  the  comptroller  countersigned  by  the  presi- 
dent of  the  board  of  education  and  the  mayor. 

Sec.  15.  The  act  approved  February  23d,  1817,  creating  south  chica- 
the    South  Chicago  School  district,  and  all  other  acts  or  tnct,  aboi- 

.  .  .    .  .  i^^e*i- 

parts  of  acts  inconsistent  with  the  provisions  of  this  chap- 
ter, are  hereby  repealed. 

Sec.  16.  There  shall  be  established  in  said  city  at  least  o°e  free 

*'  school  to  be 

one  common  school  in  each  school  district,  now  or  hereafter  established 

'  in  every  dis- 

to  be  created ;  and  free  instruction,  within  their  respective  *"'^*" 

districts,  shall  be  given  in  said  schools,  to  all  the  children 

residing  within  the  limits  of  the  city,  who  are  over  the  age 

of  five  years,  and  who  may  be  sent  to  or  attend  such  school, 

subject  to  such  rules  and  regulations  as  may  be  established 

by  the  common  council  or  board  of  education,  pursuant  to 

the  provisions  of  this  act.     It   shall  be  the  duty  of  the  schools  for 

^  negro  and 

common  council  to  provide  one  or  more  schools  for  the  in-  ^"latt^  pu- 

^  pils. 


138  CITY    CHARTER. 


struction  of  negro  and  mulatto  children,  to  be  kept  in  a 
separate  building  to  be  provided  for  that  purpose,  at  which 
colored  pupils  between  the  ages  of  five  and  twentj-one 
years,  residing  in  any  school  district  in  said  city,  shall  be 
allowed  to  attend ;  and  hereafter,  it  shall  not  be  lawful  for 
such  pupils  to  attend  any  public  school  in  the  city  of  Chi- 
cago at  which  white  children  are  taught,  after  a  school  for 
the  instruction  of  negro  and  mulatto  children  has  been 
provided. 
Board  of  edu-      gEC.  17.  The  board  of  education,  subject  to  such  gen- 

cation,  its  7  «;  o 

duties!  ^^^  ®^^^  regulations  as  may  be  prescribed  by  the  common  coun- 
cil, shall  have  the  entire  superintendence  and  control  of  the 
schools ;  and  it  shall  be  their  duty  to  examine  all  persons 
offering  themselves  as  candidates  for  teachers,  and  when 
found  well  qualified,  to  give  them  certificates  thereof  gra- 
tuitously ;  to  visit  all  the  public  schools  as  often  as  once  a 
month  ;  to  inquire  into  the  progress  of  the  scholars  and  the 

To  prescribe  govommcnt  of  the  schools ;    to  prescribe  the  courses  and 

methods  of  t       -i  o      ^'  ^• 

discipune,  mcthods  of  disciplmc  and  instruction  of  the  respective 
schools,  and  to  see  that  they  are  maintained  and  pursued 
in  a  proper  manner  ;  to  prescribe  what  studies  shall  be 

Expulsion  of  taught,  and  what  books  and  apparatus  shall  be  used.  They 
shall  have  power  to  expel  any  pupil  who  may  be  guilty  of 

Removal  of  gross  disobedicncc  or  misconduct,  and  to  dismiss  and  remove 
any  teacher,  whenever  in  their  opinion  he  is  unqualified  to 
teach,  or  whenever,  from  any  cause,  the  interests  of  the 
school  may,  in  their  opinion,  require  such  removal  or  dis- 

To  apportion  missiou.     Tliev  shall  have  power  to  apportion  the  scholars 

scholars.  •^  ^  ^^ 

to  the  several  schools,  but  no  scholar  shall  attend  any 
school  out  of  the  district  in  which  he  or  she  resides,  without 
the  written  permission  of  the  board  or  the  superintendent 
of  public  schools,  except  as  herein  otherwise  provided. 
To  establish  Sec.  18.  It  shall  be  the  duty  of  the  board  of  education, 
to  establish  all  such  by-laws,  rules  and  regulations  for  their 
own  government,  and  for  the  establishment  and  maintenance 
of  a  proper  and  uniform  system  of  discipline  in  the  several 


SCHOOLS   AND   SCHOOL   FUND.  139 

schools,  as  may  in  their  opinion  be  necessary.  They  shall 
determine,  from  time  to  time,  how  many  and  what  class  of 
teachers  may  be  employed  in  each  of  the  public  schools,  and 
employ  such  teachers,  and  fix  their  compensation. 

Sec.  19.  It  shall  be  the  duty  of  said  board,  to  take  charge  JchSr^ 
of  the  school  houses,  furniture,  grounds  and  other  property  ^'^y- 
belonging  to  the  school  districts,  and  see  that  the  same  are 
kept  in  good  condition,  and  not  suffered  to  be  unnecessarily 
injured  or  deteriorated ;  and  also  to  provide  fuel  and  such  J^J^^^^^^ 
other  conveniencies  for  the  schools,  as  in  their  opinion  may 
be  required.     They  shall  also  recommend  to  the  common  Torecom- 

T-  '^  mend  altera- 

council,  such  alterations,  additions  and  improvements,  as  *io^'*<^- 
may  be  required  in  the  school  houses  or  other  property 
belonging  to  said  districts.     All  bills  for  repairs,  furniture, 
benches,  desks,  apparatus,  fuel,  et  cetera,  shall  be  audited  by 
said  board,  and  paid  out  of  the  school-tax  fund. 

Sec.  20.  The  teachers  in  each  district  shall,  at  the  end  of  Jep'JjTeve^y 
each  and  every  month,  report  to  the  superintendent  of  pub-  ™°°**^' 
lie  schools,  the  number  of  days  they  have  been  employed  in 
teaching  school  during  the  month,  and  the  number  of  schol- 
ars in  attendance  on  each  day  or  half  day  ;  and  at  the  close 
of  each  month,  the  board  of  education  shall  draw  an  order  Paj-ment  of. 
upon  the  agent  of  the  school  fund,  in  favor  of  said  teacher, 
for  the  amount  due  to  him  or  her.     But  no  order  shall  be 
drawn  upon  the  school  fund  for  a  greater  amount  than  the 
interest  on  hand  at  the  time  the  same  may  be  drawn,  or  than 
the  amount  raised  and  specially  appropriated  for  the  support 
of  schools  by  the  common  council. 

Sec.  21.  It  shall  be  the  duty  of  the  agent  of  the  school  ^'^^'^'^  ae«nt 

*'  ^  to  report 

fund  to  report  at  the  end  of  each  quarter,  to  the  common  <iuarteriy. 
council,  the  amount  of  interest  on  hand,  and  to  give  the 
board  of  education  such  information,  as  they  may  from  time 
to  time  request  in  reference  thereto. 

Sec.  22.  The  said  board  shall  appoint  from  their  own  President  of 

^  board. 

number,  a  president,  and  provide  themselves  with  a  well 
bound   book   at  the  expense  of   the  school-tax   fund,  in 


140  CITY    CHARTER. 


Kecord^.of ^    which  shall.  be  kept  a  faithful  record  of  all  their  proceed- 
ings. 
Powers,  Sec.  23.  None  of  the  powers  herein  conferred  upon  the 

when  exer-  ^  ^ 

ci8«<i.  board  of  education,  shall  be  exercised  by  them,  except  at  a 

tobrpubS-  regular  or  special  meeting  of  the  board.     They  shall  have 

^^'  all  their    proceedings   published   immediately    after    their 

meetings,  in  some  one  or  more  of  the  newspapers  published 

in  the  city,  which  will  publish  the  same  gratis,  and  also  in 

the  corporation  newspaper,  with  such  fullness,  as  to  inform 

the  public  in  every  respect,  of  the  business  transacted  by 

them ;  also,  resolutions  in  regard  to  the  adoption  of  new 

books  to  be  used  in  the  public  schools,  with  the  names  of 

members  who  may  introduce  any  proposition  of  interest  to 

the  public  in  regard  to  the  schools,  and  the  yeas  and  nays 

upon  the  same,  if  the  question  shall  be  thus  taken. 

Board  to  rec-      Sec.  24.  It  shall  bc  the  duty  of  the  board  to  report  to 

ommend  im-  *'  ^ 

provements    the  commou  couucil,  from  time  to  time,  any  suo-gestion  that 

to   common  •'  '        ^         oo 

counca.  they  may  deem  expedient  or  requisite  in  relation  to  the 
schools  and  the  school  fund,  or  the  management  thereof,  and 
generally,  to  recommend  the  establishing  such  schools  and 
districts,  and  the  making  such  alterations  or  improvements 
therein,  as  they  may  deem  beneficial  and  expedient. 

Annual  re-        Sec.  25.  The  board  of  education  shall  annually  prepare 

port  to  be  _  ^  ./     x        i 

p^wished  by  and  publish,  in  the  corporation  newspaper,  a  report  of  the 
number  of  pupils  instructed  in  the  year  preceding,  the  sev- 
eral branches  of  education  pursued  by  them,  and  the  receipts 
and  expenditures  of  each  school,  specifying  the  sources  of 
such  receipts,  and  the  objects  of  such  expenditures.  They 
shall  also  communicate  to  the  common  council,  from  time  to 
time,  all  such  information  within  their  possession  as  may  be 
required. 

Superintend-       Sec.  26.  For  the  morc  convenient  discharge  of  the  duties 

ent  of  public  . 

echoois.        assigned  by  law  to  the  board  of  education,  and  to  aid  them 


in  the  performance  of  the  same,  the  office  of  superintendent 
of  public  schools  is  hereby  created.  Said  superintendent 
shall  be  appointed  biennially  by  the  board  of  education,  by 


SCHOOLS   AND    SCHOOL   FUND.  141 

and  with  the  advice  and  consent  of  the  common  council,  and 
shall  receive  such  annual  salary  as  shall,  from  time  to  time,  ^^^^^y- 
be  fixed  by  the  board  of  educi.tion,  subject  to  the  approval 
of  the  common  council.     The  superintendent]so  appointed,  RemoTai. 
may  be  removed  at  any  time  by  a  vote  of  the  board. 

Sec.  27.   The  said  superintendent  shall  act  under  the  ad-  J"  fupfrin- 

^  tend  BcliooLs. 

vice  and  direction  of  the  board,  and  shall  have  the  superinten- 
dence of  all  the  public  schools,  school  houses,  books  and 
apparatus.  He  shall  devote  himself  exclusively  to  the 
duties  of  his  office.  He  shall  keep  regular  office  hours,  other 
than  school  hours,  at  a  place  to  be  provided  for  that  purpose, 
which  place  shall  be  the  general  depository  of  the  books 
and  papers  belonging  to  the  board,  and  at  which  the  board 
shall  hold  their  meetings.  He  shall  acquaint  himself  with 
whatever  principles  and  facts  may  concern  the  interests  of 
popular  education,  and  with  all  matters  pertaining  in  any 
way  to  the  organization,  discipline  and  instruction  of  public 
schools,  to  the  end  that  all  the  children  in  said  city,  who  are 
instructed  at  the  public  schools,  may  obtain,  within  their 
respective  districts,  the  best  education  which  these  schools 
are  able  to  impart.     He  shall  visit  all  the  schools  as  often  To^ft 

^  echools. 

as  his  duties  will  permit,  and  shall  pay  particular  attention 
to  the  classification  of  the  pupils  in  the  several  schools,  and 
to  the  apportionment  among  the  classes,  of  the  prescribed 
studies.  He  shall  carefully  observe  the  teaching  and  dis- 
cipline of  all  the  teachers  emploved  in  the  public  schools,  Tq  report  to 

^  1       K  1  7    tjjg  board. 

and  shall  report  to  the  board,  whenever  he  shall  find  any 
teacher  deficient  or  incompetent  in  the  discharge  of  his  or 
her  duties.     He  shall  attend  all  the  meetino-s  of  the  board,  To  attend 

*-'  '   meetings  of 

and   shall  act  as  secretary    thereof.     He    shall   keep    the  tiiebaird. 
board  constantly  informed  of  the  condition  of  the  public 
schools,  and  the  changes  required  in  the  same.     He  shall 
keep  a  record  of  all  his  proceedings,  at  all  times  open  to 
the  inspectors.     A  general    report  of  the  condition  of  the  ^^'^^ 
public  schools,  shall  be  prepared  by  him  at  the  close  of  each  ^^^ 
school  year,  for  publication.     He  shall  moreover  report  to 


make 
general    re- 
each 


142  CITY    CHARTER. 


the  board  from  time  to  time,  such  by-laws  and  regulations 
for  the  government,  discipline  and  management  of  the  pub- 
lic schools,  as  he  may  deem  expedient ;  and  shall  also  per- 
form such  other  duties  as  the  board  of  education  shall  from 
time  to  time  direct. 
^Tofficers        S^^-  2^-     I*  ^^^^^  ^^  unlawful  for  the  superintendent,  or 
not  to  hTin-   ^^J  member  of  the  board,  to  receive,  either  directly  or  in- 
sairof  sch(X)i  directly,  any  fee,  gift  or  reward  from  any  book-publishing 
concern,  book  agent  or  book  seller,  or  to  act  as  agent  or 
attorney  for  any  book-publishing  concern,  book  agent  or 
book  seller,  or  to  be  pecuniarily  interested  in  the  sale  or 
publication  of  any  book  used  in  the  public  schools ;  and  any 
violation  of  these  provisions,  shall  subject  the  offender  to 
immediate  removal  from  office  by  the  common  council. 


THE   REFORM   SCHOOL. 


143 


CHAPTER   XIV. 


REFORM  SCHOOL. 


Sbcmon. 


Reform  school  conUnued  in  existence ; 
the  common  council  may  change  its 
location  ;  power  to  piirchiise  grounds 
and  erect  buildings  therefor. 

2.  Government  of  tlie  kcIiooI  vested  in  the 

board  of  guardians;  officers  of  the 
board;  quorum. 

3,  General  duties  of  the  board ;  appoint- 

ment of  superintendent  and  other  of- 
ficers. 
i.  School  to  be  visited  by  one  or  more 
guardians  at  least  once  every  fort- 
night ;  annual  report  to  bo  made  to 
common  council. 

5.  Duties  of  superintendent. 

6.  Superintendent  to  have  charge  of  the 

lands  and  buildings ;  to  give  bond ;  to 
keep  accounts  of  receipts  and  expend- 
itures ;  to  keep  a  register  of  all  in- 
mates. 

7.  Appointment  of  commissioner;  his  du- 

ties and  compensation. 


Section. 

8.  Commitments  to  reform  school  by  po- 

lice magistrates  and  justices  of  the 
peace,  when  and  how  made ;  powers 
of  commissioner. 

9.  Commitments  by  courts  of  record. 

10.  Boys  committed,  to  bo  detained  until  tho 

age  of  21,  unless  sooner  discharged  or 
bound  out  by  the  board ;  guardians 
clothed  with  sole  authority  to  dis- 
charge; when  found  incorrigible,  boys 
may  be  returned  to  committing  court 
or  magistrate. 

11.  Guardians  authorized  to  bind  out  boys 

a.s  apprentices  or  servants ;  tickets  of 
leave. 

12.  Guardians    empowered,    with    concur- 

rence of  common  council,  to  establish 
a  reform  school  for  girls. 

13.  Annual  estimate  to  be  furnished  by  the 

board  of  amount  required  for  main- 
taining the  school ;  moneys  raised, 
how  disbursed. 


Section  1.  The  reform  school,  heretofore  established  by 
the  city  of  Chicago,  shall  be  continued  in  existence,  as  a 
school  or  place  for  the  safe  keeping,  education,  employment 
and  reformation  of  all  children  in  said  city  between  the  ages 
of  six  and  sixteen  years,  who  are  destitute  of  proper  parental 
care,  and  growing  up  in  medicancy,  ignorance,  idleness  or 
vice.  The  common  council  may  hereafter,  in  its  discretion, 
change  the  location  of  said  reform  school,  and  purchase 
grounds  and  erect  and  maintain  all  necessary  buildings 
therefor. 

Sec.  2.  The  government  of  said  school  shall  be  vested  in 
a  board,  consisting  of  the  comptroller,  and  six  guardians  to  be 
appointed  in  the  manner  hereinbefore  prescribed.  The  said 
board  shall  appoint  a  president,  vice-president  and  secretary, 
from  their  own  number  ;  and  a  majority  of  the  board  shall 
constitute  a  quorum  for  the  transaction  of  business. 


Reform 
school  con* 
tinned  in 
e.xistence, 


Tho  council 
may  change 
its  location, 
&c. 


GoTemment 
of  the  school. 


Officers    of 
board  of 
guardiaos. 


144  CITY   CHARTER. 


Serof\h?"        ^^^'  ^'  I^shallbetheduty  of  the  said  board  of  guardians, 
board.  -j^q  i^ike  charge  of  the  general  interests  of  said  school ;  to 

see  that  its  affairs  are  conducted  in  accordance  with  the  re- 
quirements   of  this   act ;  to    see    that    strict    discipline    is 
maintained  therein  ;  to  provide  employment  for  its  inmates ; 
fnf^"°*^°*^^"  ^^  appoint  a  superintendent  and  such  other  officers  as  the 
wants  of  the  school  may  from  time  to  time  require,  and  to  pre- 
scribe their  duties ;  to  exercise  a  vigilant  supervision  over  said 
school,  its  officers  and  teachers,  and  to  determine  their  sal- 
aries ;  such  salaries  to  be  subjected  to  the  approval,  regula- 
tion or  alteration  of  the  common  council. 
Sooi.*°  ^^^      Sec.  4.  One  or  more   of  said  guardians  shall  visit  the 
school  at  least  once  in  every  two  weeks,  at  which  time,  the 
school  in  all  its  departments,  shall  be  examined.     A  record 
shall  be  regularly  kept  of  such   visits  in  the  books  of  the 
"^o^rt"*^  ^®"   superintendent.     An  annual  report  shall  be  made  by  the 
board  of  guardians  to  the  common  council,  on  or  before  the 
tenth  day  of  April,  exhibiting  the  condition  of  the  school, 
and  giving  a  detailed  account  of  its  affairs  for  the  preceding 
year. 
eSduS"       S^^-  5-  The  superintendent,  with  such  subordinate  officers 
as  the  guardians  shall  appoint,  shall  have  the  charge  and 
custody    of  the   children;  he    shall  himself  be  a  constant 
resident  at  the  institution,  and  shall  discipline,  govern,  in- 
struct,  employ,   and  use  his  best  endeavors  to   reform  the 
inmates,  in  such  manner  as,  while  preserving  their  health, 
will  secure  the  formation,  as  far  as  possible,  of  moral  and 
industrious  habits,  and  regular  and  thorough  progress  and 
improvement  in  their  studies,  trades,  and  various  employ- 
ments. 
Superintend-       gjc.  6.   The  Superintendent   shall,  under    the    direction 

ent  to  have  ^ 

landfbuM-  ^^^  control  of  the  board,  have  charge  of  the  lands,  build- 
ings, &c.        •  j^gg^  furniture,  tools,  implements,  stock  and  provisions,  and 

every  other  species  of  property  pertaining  to  the  institution, 
His  bond,      within  the  precincts  thereof.     He  shall,  before   he  enters 

upon  the  duties  of  his  office,  give   a  bond  to  the  city  of 


THE   REFORM   SCHOOL.  145 


Chicago,  with  sureties  to  be  approved  l)y  the  common  coun- 
cil, in  the  sum  of  one  thousand  dolhirs,  conditioned  tliat  he 
shall  faithfully  perform  all  the  duties  incumbent  on  him  as 
such  superintendent.  He  shall  keep  in  suitable  books,  reg- 
ular and  complete  accounts  of  all  his  receipts  and  expend-  "^^^^P  ''^' 
itures,  and  a  complete  enumeration  of  all  property  intrusted 
to  him.  He  shall  also  exhibit  in  said  books,  the  income, 
from  whatever  source,  of  said  institution  and  school  land  ; 
he  shall  account  to  the  treasurer  of  the  city,  in  such  manner 
as  the  guardians  may  require,  for  all  moneys  received  by 
him  from  the  proceeds  of  the  land,  the  work  and  labor  of 
the  inmates,  or  otherwise.  His  books,  and  all  documents 
relating  to  the  school,  shall  at  all  times  be  open  to  the  in- 
spection of  the  guardians,  who  shall,  at  least  once  in  every 
three  months,  carefully  examine  the  said  books  and  accounts, 
and  the  vouchers  and  documents  connected  therewith,  and 
make  a  record  of  the  result  of  such  examination,  in  books 
to  be  kept  by  said  guardians.  He  shall  keep  a  register,  ^''si^^^^- 
containing  the  name  and  age  of  each  child,  and  the  circum- 
stances connected  with  his  early  history ;  and  he  shall  add 
such  facts  as  may  come  to  his  knowledge,  relating  to  the 
subsequent  history  of  such  children,  while  in  the  school,  and 
after  being  discharged  therefrom.  He  shall  at  all  times 
be  subject  to  removal  by  the  board  of  guardians,  and  shall 
be  governed  by  the  rules  and  regulations  they  may  establish. 

Sec.  7.  It  shall  be  the  duty  of  the  mayor  of  the  city  of  tZf^'com. 
Chicago,  each  year,  on  the  application  of  the  board  of  guard-  "''■'''''^^'■• 
ians    of    said  reform  school,  to  appoint  some  proper  and 
discreet  person,  with  the  concurrence  of  said  board,  as  com- 
missioner, before  whom,  all  males  within  the  ages  prescribed 
bylaw,  shall  be  sent,  before  any  police  magistrate  or  justice 
of  the  peace  shall  sentence,  or  order  such  male  to  be  com- 
mitted to  the  reform  school.     Such  commissioner  shall  keep  his  duties, 
a  true  and  perfect  record  of  his  doings  in  relation   to  all 
persons  brought   before    him,   and   shall  retain    the    same 
during  his  term  of  oflSce,  and  at  the  expiration  thereof,  shall 
10 


146  CITY   CHARTER. 


sioner. 


deliver  the  same,  witli  all  preceding  records,  to  the  city  clerk, 
who  shall,  upon  the  appointment  of  a  new  commissioner, 
Son!^^^^^'    deliver  the  same  to  him.     There  shall  be  paid  to  said  com- 
missioner, such  sum  from  the  reform  school  funds,  as  the 
board  of  guardians  shall,  from  time  to  time,  direct,  and 
which  shall  not  in  the  aggregate,  amount  to  more  than  one 
thousand  dollars  in  any  one  year. 
menSb'ypo-       ^^^'  ^'  Whencvcr  any  policc  magistrate  or  justice  of  the 
tratSS     peace  within  the  city  of  Chicago,  shall  have  brought  before 
the  peace,      him,  any  male  within  the  ages  of  six  and  sixteen  years  of 
age,  who,  he  has  reason  to  believe,  is  a  vagrant,  or  destitute 
of  proper  parental  care,  or  is  growing  up  in  mendicancy, 
ignorance,   idleness  or  vice,  he  shall  cause  such  person, 
together  with  the  warrant  on  which  he  was  arrested,  and  the 
list  of  witnesses  which  may  be  necessary  to  establish  the 
situation  and  condition  of  such  person,  to  be  transmitted  to 
by  cSimis^°  Said  commissioncr ;  and  thereupon,  it  shall  be  the  duty  of 
such  commissioner  to  issue  a  summons  or  order  in  writing, 
addressed  to  the  father  of  said  person,  if  he  be  living  and 
resident  within  the  city,   and  if  not,  then  to  his  mother,  if 
she  be  living  and  so  resident,  and  if  not,  then  to  his  lawful 
guardian,  if  any  there  be  resident  within  said  city,  and  if 
on  examination,  it  shall  appear  that  such  boy  has  neither 
father,  mother  nor  guardian,  so  resident,  then  to  the  person 
with  whom,  according  to  the  examination  and  testimony,  if 
any,  received  by  such  commissioner,  the  said  boy  shall  re- 
side ;  and  if  there  be  no  person  with  whom  he  steadily 
resides,  the  commissioner  may,  at  his  discretion,  appoint 
some  suitable  person  to  act  in  his  behalf,  requiring  him  or 
her,  as  the  case  may  be,  to  appear  before  him,  at  such  time 
and  place  as  he  shall  in  said  summons  or  order  appoint,  and 
to  show  cause,  if  any  there  be,  why  the  said  boy  shall  not  be 
committed  to  the  reform  school.     And  upon  the  appearance 
before  him  of  the  party  named  in  said  summons  or  order,  or 
if,  after  due  service  had  of  the  summons  or  order  aforesaid, 
there  shall  be  no  such  appearance,  the  said  commissioner 


THE   REFORM   SCHOOL.  147 

shall,  upon  the  expiration  of  the  time  named  in  said  sum- 
mons or  order  for  said  appearance,  proceed  to  examine  said 
boy,  and  the  party  appearing  in  answer  to  said  summons  or 
order,  if  any  such  there  be,  and  to  take  such  testimony  in 
relation  to  the  case  as  may  be  produced  before  him ;  and  in 
case  it  shall  be  proven  to  the  satisfaction  of  the  commissioner, 
by  such  examination,  or  by  competent  testimony,  that  said 
boy  is  a  suitable  subject  for  the  reform  school,  and  that  his 
moral  -welfare  and  the  good  of  society  require  that  he  should 
be  sent  to  said  school,  for  instruction,  employment  and 
reformation,  he  shall  so  decide,  and  shall  thereupon,  certify  erT^pOTtr' 
his  said  opinion  and  decision  to  said  magistrate  or  justice  of 
the  peace,  as  near  as  may  be,  in  the  following  words  : 

To  A.  B. ,  Esq.,  a  Justice  of  the  Peace  : 

I  hereby  certify  that has  been  examined  by  me  agreeably 

to  the  statute,  and  upon  competent  evidence,  proved  to  be  a  suitable 

.  person  for  commitment  to  the  Reform  School. 

C.  D.,  Commissioner. 

And  thereupon,  said  magistrate  or  justice  of  the  peace 
shall  commit  such  person  to  the  reform  school ;  and  such 
commitment  shall  be  by  warrant  in  substance  as  follows  : 

To  any  SheritF,  Constable,  or  Police  officer  within  the  City  of  Chicago  ; 

You  are  hereby  commanded  to  take  charge  of ,  a  boy  above 

the  age  of  sis.  and  under  the  age  of  sixteen  years,  who  has  been  found 
by  competent  evidence  to  be  a  suitable  subject  for  commitment  to  the 
reform  school,  and  a  proper  object  for  its  care,  discipline  and  instruc- 
tion, and  to  deliver  said  boy,  with  this  warrant,  without  delay,  to  the 
superintendent  or  other  officer  in  charge  of  said  school,  at  the  place 
where  the  same  is  established;  and  for  so  doing,  this  shall  be  your 
sufficient  warrant.  ,  J.  P. 

Dated  at  the  city  of  Chicago,  in  the  county  of  Cook,  this day 

of ,  A.D.I  S--. 

But  no  variance  from  the  preceding  form  shall  be  deemed 
material,  provided  it  sufficiently  appear  upon  the  face  of 
the  warrant  that  the  said  boy  is  committed  in  exercise  of 
the  powers  given  by  this  act.  And  in  case  said  commission- 
er shall  be  of  opinion,  and  shall  decide  and  certify,  that 
such  boy  is  not  a  proper  subject  for  commitment  to  the  re- 
form school,  he  shall  order  such  boy,  with  the  warrant,  to 


Warrant  of 
commitmcut. 


1^ 


148 


CITY  CHARTER. 


Powers  of 
commission- 


Commit- 
ments by 
courts  of 
record. 


be  transmitted  back  to  such  police  magistrate  or  justice  of 
the  peace,  who  shall  thereupon  deal  with  him  in  the  same 
manner  he  would  have  done,  had  he  not  been  transmitted  to, 
or  examined  by  said  commissioner.  And  said  commissioner 
shall,  in  the  performance  of  his  duties  under  and  by  virtue 
of  this  act,  be  clothed  with  the  powers  of  a  justice  of  the 
peace,  to  compel  the  attendance  of  witnesses,  and  all  other 
persons,  whose  attendance  and  presence  may  be  necessary  to 
enable  him  to  fully  investigate  the  situation  of  all  persons 
who  may  be  brought  before  him  ;  and  the  police  ofScers  of 
said  city,  shall  be  subject  to  his  direction,  and  shall  serve, 
when  called  upon  for  that  purpose,  any  summons,  order  or 
warrant,  issued  by  him. 

Sec.  9.  Whenever  any  male  under  the  age  of  sixteen 
years  and  over  the  age  of  six  years,  shall  be  convicted  in 
any  court  having  criminal  jurisdiction  in  the  county  of 
Cook,  of  any  offense  punishable  by  fine  or  imprisonment, 
who,  in  the  opinion  of  the  court,  would  be  a  fit  and  proper 
subject  for  commitment  to  said  reform  school,  such  court 
shall  make  an  order,  committing  such  boy  to  said  reform 
school ;  and  thereupon,  it  shall  be  the  duty  of  said  court, 
by  warrant  in  due  form  of  law,  to  commit  such  boy  to  said 
reform  school ;  and  all  warrants  shall  designate  the  offence 
or  complaint  for  which  such  commitment  is  made,  and  the 
age  of  the  boy ;  but  no  warrant  shall  be  held  invalid  for 
want  of  form,  and  the  same  may  be  served  by  the  sheriff  or 
any  constable  of  Cook  county,  who  shall  execute  the  same, 
and  deliver  the  boy  or  boys  named  in  such  warrant,  to  the 
superintendent  of  the  reform  school,  with  the  warrant,  and 
for  such  services,  shall  be  paid  the  same  fees  as  are  now 
provided  in  case  of  the  commitment  of  a  criminal  to  the 
county  jail,  for  an  offense  punishable  by  imprisonment 
therein :  Provided^  however,  that  such  boys  only  shall  be 
committed  to  said  reform  school,  asjn  the  opinion  of  the 
court,  are  in  need  of,  and  will  be  benefited  by  the  reforma- 
tory influence  of  said  school,  the  said  school  being  intended 


THE    REFORM    SCHOOL.  149 

as  an  educational  and  reformatory  institution,  rather  than  as 
a  prison  or  place  of  punishment. 

Sec.  10.  Every  boy  above  the  age  of  six  and  under  the  Snec/'un- 
age  of  sixteen,    who  shall    be  legally    committed   to   said  0^21^^^^ 
scliool,  as  herein  before  provided,  shall  be  kept  disciplined, 
instructed,  employed  and  governed,  under  the  direction  of 
the  board  of  guardians  of  said  school,  until  he  be  either 
reformed  and  discharged,  or  be  bound  out  by  said  guardians, 
or  until  he  shall  have  arrived  at  the   age   of  twenty-one 
years ;  and  said  guardians  are  hereby  clothed  with  the  sole  J„'f,^'Sf 
authority  to  discharge  any  boy  or  boys  from  saixl  reform  1'^' ji,?(^.'b^rge 
school,    who  have  heretofore  been,    or  may   hereafter  be 
legally  committed  thereto ;  and  such  power  shall  rest  solely 
with  said  board  of  guardians  and  with  no  other  persons  or 
body  politic  or  corporate;  but  it  shall  be  the  duty  of  said  Boysfonnd 

»'     ••  r  '  J  lUL-orrigible, 

board  of  guardians,  and  they  shall  have  power,   to  return  "^rned'to^ 
any  boy  to  the  court,  police  justices  or  other  authorities,  coS-°""mfg- 
ordering  or  directing  said  boy   to  be  committed,  when  in  ^'^  ^^  ^' 
the  judgment  of  said  guardians,  they  may  decree  said  boy 
an  improper  subject  for  their  care  and  management,  or  who 
shall  be  found  incorrigible,  or  whose  continuance    in   the 
school,  they  may  deem  prejudicial  to  the   management  and 
discipline  thereof,  or  who,  in  their  judgment,  ought  to  be  re- 
moved from  such  school  for  any  cause ;  and  in  such  case, 
said  court,  police  justice   or  other   authorities,  shall  have 
power,  and  are  required,  to  proceed  as  they  might  have  done, 
had  they  not  ordered  the  commitment  to  such  school. 

Sec.  11.  Said  guardians  shall  have  power  to  bind  out  all  Boysmaybe 

o  A  bound  out  as 

boys  committed  to  their  charge,  for  any  term  of  time,  until  apprentices. 
they  shall  have  arrived  at  the  age  of  twenty-one  years,  as 
apprentices  or  servants,  to  any  inhabitant  of  this  state;  and 
the  said  guardians  and  master  or  mistress,  apprentice  or 
servant,  shall  respectively  have  all  the  rights  and  privileges, 
and  be  subject  to  all  the  duties  set  forth  by  the  statute  laws 
of  this  state,  relative  to  apprentices  and  guardians  and 
wards ;  and  shall  have  the  same  power  as  overseers  of  the 


150 


CITY    CHARTER. 


Tickets  of 
leave. 


poor,  or  mayor  and  aldermen,  and  tlie  same  clauses  and 
provisions  required  to  be  inserted  in  the  indentures  of  ap- 
prenticeSj'dn  such  cases,  shall  be  inserted  in  all  indentures 
that  may  be  executed  by  the  said  guardians.  No  person 
receiving  such  apprentice  under  the  provisions  of  this  act, 
shall  transfer  the  indenture ;  and  the  said  board  of  guardians 
shall  have  power  in  all  cases,  when,  in  their  judgment,  it 
shall  be  beneficial  to  the  boy,  to  cancel  such  indentures  of 
apprenticeship,  for  cruelty,  negligence  or  other  improper 
conduct,  or  for  removal  from  the  state,  and  recover  posses- 
sion of  the  child  apjDrenticed.  Said  guardians  shall  also 
have  power  to  permit  such  boys  as  they  shall  judge  fit  sub- 
jects for  such  treatment,  to  be  placed  out  under  the  care  of 
any  proper  person  or  persons  in  this  state,  on  ''tickets  of 
leave,"  and  such  boys  so  placed  out,  may  be  kept  and  re- 
tained by  such  person  or  persons,  during  the  pleasure  of  said 
board  of  guardians,  and  subject  at  all  times,  to  their  control 
and  regulation. 

Sec.  12.  The  board  of  guardians  of  said  reform  school 
are  hereby  authorized,  with  the  concurrence  of  the  common 
council,  to  establish  a  branch  reform  school  for  girls  under  the 
age  of  sixteen  years  and  over  the  age  of  six  years  ;  and  for 
that  purpose,  to  purchase  such  lands  and  erect  such  build- 
ings thereon,  as  in  their  judgment,  are  required  ;  and  such 
girls  may,  for  the  same  causes,  and  by  the  same  courts,  and 
in  the  same  manner,  be  committed  to  such  branch  reform 
school,  as  boys  may  be,  to  the  reform  school,  and  all  statutes 
and  ordinances  relative  to  the  power,  management  and  con- 
trol of  said  reform  school  by  the  board  of  guardians,  are 
hereby  made  applicable  to  said  branch  reform  school,  and 
the  same  powers  are  delegated  to  and  vested  in  them  in  re- 
lation to  the  same  ;  and  all  ordinances  and  statutes  regula- 
ting the  powers  of  police  magistrates,  justices  of  the  peace 


Reform 

Bchool  for 
girls. 


and  other  courts,  and  of  the  commissioner,  shall,  in  all 
respects,  be  made  applicable  to  girls  under  the  age  of  sixteen, 
and  over  the  age  of  six  years,  where  they  are  found  desti- 


THE  EEFORM   SCHOOL.  151 

tute  of  proper  parental  care,  or  leading  a  vicious  life,  or  are 
found  in  streets,  highways  or  public  places,  in  circumstances 
of  want,  suffering,  neglect  or  exposure. 

Sec.  13.  It  shall  be  thediity  of  the  board  of  guardians,  ^^SS-" 
to  prepare  and  submit  to  the  comptroller,  on  or  before  the  p^^-^^^- 
first  day  of  May  in  every  year,  an  estimate  of  the  whole 
amount  required  to  be  raised  by  taxation,  for  providing  for 
and  maintaining  the  said  reform  school  during  the  current 
fiscal  year,  which  estimate  shall  be  in  detail,  and  shall  be 
laid  by  said  comptroller  before  the  common  council,  with 
his  annual  estimate.  The  common  council  may  revise  said 
estimate  ;  and  the  aggregate  amount  of  the  sums  required 
after  such  revision,  not  exceeding  the  authorized  per  centage, 
shall  be  provided  for  in  the  general  tax  levy  to  be  laid  on 
said  city.  Said  money,  when  collected,  shall  be  paid  into  JJ^E  di^ 
the  city  treasury,  and  shall  be  styled  the  reform-school  fund, 
and  shall  be  drawn  out  only  in  payment  of  bills  approved 
by  the  board  of  guardians,  on  the  warrant  of  the  comptroller, 
countersigned  by  the  president,  or  in  his  absence,  by  the 
vice-president  of  said  board,  and  the  mayor.  But  this  section 
shall  not  be  construed  as  repealing  any  of  the  provisions  of 
the  act  to  incorporate  the  Roman  Catholic  Asylum  of  the 
diocese  of  the  Catholic  Bishop  of  Chicago. 


bursed. 


152 


CITY    CHARTER. 


CHAPTEE  XV. 

CHICAGO  WATER  WORKS. 


Section. 

1.  Board  of  public  works  to  haye  charge 

of  the  water  works. 

2.  Board  to  consider  all  matters  relating 

to  the  sufficient  supply  of  pure  water. 

3.  Power  to  construct  reservoirs  and  lay 

pipes. 

4.  Board  required  to  construct  hydrants 

for  extinguishing  fires. 

5.  Power  to  purchase    and    convey  real 

estate. 

6.  Power  to  construct  necessary  buildings 

and  machinery. 

7.  Power  to  purchase  books  and  charts 

and  to  make  surveys. 

8.  Power  to  enter  upon  lands  to  make 

surveys  and  construct  works ;  to  agree 
with  owners  upon  the  cumpensation 
to  be  paid  for  land  taken. 

9.  Mode  of  ascertaining  damages  in  case 

of  disagreement. 

10.  City  authorized  to  construct  aqueducts, 

pumping  works  and  breakwaters. 

11.  Power  to  extend  inlet   pipes  into  the 

lake ;  to  erect  piers. 

12.  Board  empowered  to  complete  the  issue 

of  certain  bonds  heretofore  authorized. 
1-3.  City  authorized  to  borrow  $500,000,  for 
puiposes  pertaining  to  the  supply  of 
water :  bonds  to  be  issued ;  how  issiied 
and  by  whom  sold ;  water  funds  to  be 
used  exclusively  for  the  water  works. 

14.  Board  desiring  to    issue    bonds,  shall 

make  a  report  and  estimate  to  the 
common  council  of  the  purposes  for 
which  the  bonds  are  to  be  used;  coun- 
cil to  approve. 

15.  Interest  on  bonds  restricted  to  7  per 

cent.;  bonds  not  to  be  sold  at  less  than 
par  without  consent  of  council. 

16.  Board  to  keep  a  register  of  all  bonds 

issued. 

17.  Comptroller  to  keep  a  record   of  all 

bonds  outstanding. 

18.  Interest  on  bonds  to  be  paid  by  comp- 

troller ;  also  the  principal  when  due ; 
purchase  of  water-loan  bonds  \fy  the 
city ;  new  bonds  may  be  issued  to  pay 
those  falling  due. 


Section. 

19.  Board  to  assess  water  rents  on  lots  and 

buildings;  assessment  a  lien. 

20.  Power  to  attach  meters. 

21.  Record  to  be  kept  of  all  assessments. 

22.  Time  of  payment  to  be  advertised;  if 

not  paid  within  .30  daj's,  10  per  cent. 
may  be  added  to  assessments. 

23.  Collection  of  assessments ;  warrants  to 

be  issued ;  levy. 

24.  Commencing  with  1864,  assessment  war- 

rants shall  be  annually  issued  to  city 
collector  against  lots  assessed;  pro- 
ceedings thereon. 

25.  If  assessments  are  omitted  or  not  col- 

lected, they  may  be  included  in  the 
next  year's  warrant. 

26.  Method  provided  for  collecting  all  wa- 

ter rents  impaid  May  1st,  1863. 

27.  Board  to  make  rules   and  regulations 

concerning  the  use  of  water ;  common 
council  to  provide  penalties  for  their 
violation:  where  rules  are  violated, 
the  water  supply  may  be  stopped. 

28.  Connections  may  be  made  between  wa- 

ter pipes  and  sewers ;  board  may  use 
water  for  cleansing  the  sewers. 

29.  Surplus  revenue  from  water  works,  how 

it  may  be  used ;  annual  report  to  show 
amount  of  bonds  and  debts  outstand- 
ing, amounts  due,  and  all  expenditures 
on  account  of  the  works. 

30.  Board  to  report  to  comptroller  on  the 

1st  of  May,  the  amount  required  dur- 
ing the  year,  over  and  above  the  or- 
dinary revenue,  to  pay  interest  and 
principal  on  water-loan  bonds;  com- 
mon council  to  raise  the  same  by  a 
special  tax. 

31.  Temporary  loans  authorized  in  certain 

cases. 

32.  Accounts  pertaining  to  water  works  to 

be  kept  separate;  moneys  deposited 
with  treasurer  for  said  works  to  be 
kept  as  a  special  fund  and  used  for  no 
other  purpose. 

33.  Penalty   for    willful    injury   to    water 

works'  property  or  polluting  the  water. 
•  34.  Repealing  clause. 


Section  1.  The  board  of  public  works   of  the  city  of 


Board  of 
public  works 

charj^of       Chicago,  shall  have  charge  and  superintendence  of  the  water 

waterworks.  i  p        •!      ••„ 

works  01  said  city. 

Sec.  2.  It  shall  be  the  duty  of  said  board,  to  examine 


CHICAGO   WATER   WORKS.  153 

and  consider  all  matters  relative  to  supplying  the  city  of  J];;^.^'!^[i",^^''JJI 
Chicago,  with  a  sufficient  quantity  of  pure  and  wholesome  J^suppiy '"f^ 
water,  to  be  taken  from  Lake  Michigan,  for  the  use  of  its  ^'''^^'^'"" 
inhabitants. 

Sec.  3.  Said  board  shall  have  power  to  construct  reser-  rtructSsT"' 
voirs,  jets,  and  public  and  private  hydrants,  and  to  lay  ^CJ^^^^&c^^ 
pipes  in  and  through  all  the  streets  and  alleys  of  said  city, 
and  also  across  all  rivers  and  streams  in  the  said  city,  and 
in  the  county  of  Cook,  not  interfering  with  the  navigation 
of  the  same,  and,  with  the  consent  of  the  common  council 
of  said  city,  to  construct  fountains  in  the  public  squares  or 
such  other  public  grounds  of  said  city,  as  they  shall  deem 
expedient. 

Sec.  4.  It  shall  be  the  duty  of  said  board,  to  construct  Sgui'h-'" 
hydrants  of  sufficient  size  and  capacity,  and  in  such  locali-  i°sfirt-8. 
ties  as  they  shall  deem  desirable,  for  the  purpose  of  extin- 
guishing fires. 

Sec.  5.  The  said  board  shall  have  power  to  purchase,  puKhJeand 
hold  and  convey  any  personal  and  real  estate,  which  may  be  tS^te.  '^^^ 
necessary  and  proper  to  carry  out  the  intention  and  object 
of  this  chapter,  but  the  title  to  all  real  estate  purchased, 
shall  be  taken  in  the  name  of  the  city  of  Chicago ;  and  no 
such  purchase  shall  be  made,  without  the  approval  of  the 
common  council  being  first  had  thereto. 

Sec.  G.   Said  board  shall  have  the  power,  and  it  is  hereby  buihiin  J"*^ 
made  their  duty,  to  purchase  such  lot  or  lots  of  land,  subject  chlnury. 
to  the  approval  of  the  common  council,  and  to  construct 
such  buildings,  machinery  and  fixtures,  as  shall  be  deemed 
necessary  or  desirable,  to    furnish  a  full  supply  of  water 
for  public  and  private  use  in  said  city. 

Sec.  T.  Said  board  shall  have  power  to  purchase  such  J^'^^^^aiT^ 
books,  charts  and  other  works,  as  may  be  found  necessary  *^^'^*^- 
or  useful,  and  to  cause  such  surveys  to  be  made  within  said  J^™j^° 
city  and  outside  of  its  limits,  as  may  be  required  for  the 
objects  of  this  chapter. 

Sec.  8.  The  said  board  are  hereby  authorized  to  enter 


154 


CITY    CHARTER. 


To  enter  up- 
on lands  to 
make  sur- 
veys and 
construct 
■works. 


To  agree 
•with  owners 
for  land 
damages. 


Mode  of  as- 
certaining 
damages  in 
case  of  disa- 
greement. 


Power  to 
construct 
aqueducts, 
&c. 


upon  any  land  or  water,  for  the  purpose  of  making  surveys, 
or  constructing  any  of  the  works  authorized  by  this  chapter, 
and  to  agree  with  the  owners  of  any  property  which  may 
be  required  for  the  purposes  of  this  act,  as  to  the  amount  of 
compensation  to  be  paid  to  such  owner,  for  the  property  so 
taken,  or  the  amount  of  damages  to  be  paid  to  such  owner 
or  owners,  by  reason  of  the  construction  of  any  of  the 
works  hereby  authorized ;  but  no  such  agreement  shall  be 
binding  upon  said  city,  until  first  approved  by  the  common 
council  thereof. 

Sec.  9.  In  case  of  disagreement  between  the  board  and 
the  owners  of  property,  which  may,  in  the  judgment  of 
said  board,  be  required  for  any  of  the  purposes  specified  in 
this  chapter,  as  to  the  amount  of  compensation  to  be  paid  to 
such  owners,  or  in  case  such  owner  shall  be  an  infant,  a 
married  woman,  or  insane,  or  absent  from  this  state,  or  in 
case  of  disagreement  between  the  said  board  and  any  own- 
er or  owners  of  property,  touching  the  amount  of  damages 
arising  from  the  construction  of  any  part  of  the  work  here- 
by authorized,  the  said  board  shall  have  the  right  to  con- 
demn said  property,  or  to  have  the  amount  of  such  damages 
ascertained,  or  both ;  and  the  proceedings  for  the  condem- 
nation of  such  property,  or  the  ascertainment  of  such 
damages,  or  both,  shall  conform,  as  nearly  as  may  be,  to 
those  sjoecified  and  provided  in  the  act  entitled  "An  act  to 
amend  the  law  condemning  right  of  way  for  purposes  of 
internal  improvement,"  approved  June  22,  1852,  and  the 
act  or  acts  of  which  the  same  is  an  amendment. 

Sec.  10.  The  city  of  Chicago  shall  have  the  power  to 
construct  such  aqueducts  along  the  shore  of  Lake  Michigan, 
or  in  the  highways,  or  elsewhere  in  said  Cook  county,  and 
to  construct  such  pumping  works,  breakwaters,  subsiding 
basins,  filter  beds  and  reservoirs,  and  to  lay  such  water 
mains,  and  to  make  all  other  constructions  in  said  county, 
as  shall  be  necessary  in  obtaining  from  Lake  Michigan,  a 
sufficient  and  abundant  supply  of  pure  water  for  said  city. 


CHICAGO   WATER   WORKS.  155 

Sec.  11.  Said  city  shall  have  the  power  to  extend  aque-  to  extend 

•^  ^  ^  inlet  pipes 

ducts  or  inlet  pipes  into  Lake  Micliigan,  so  far  as  may  be  t"*ej.ect  ^^^' 
deemed  necessary  to  insure  a  supply  of  pure  water,  and  to  ^^*^"'  *''• 
erect  a  pier  or  piers  in  the  navigable  waters  of  said  lake, 
for  the  making,  preserving,  and  working  of  said  pipes  or 
aqueducts  :  Provided^  that  such  piers  shall  be  furnished  with 
a  beacon  lidit,  which  shall  be  lighted  at  all  such  seasons 
and  hours,  as  the  light  on  the  pier  at  the  entrance  of  Chicago 
river. 

Sec.  12.  The  board  of  public   works  are   hereby   em-  t^ complete 

•T  t/  the  isHua  of 

powered  to  issue  all  bonds  now  authorized  to  be  issued  bonds' 
under  the  law  of  this  state,  incorporating  the  Chicago  City 
Hydraulic  Company,  approved  February  15th,  1851,  or  the 
acts  amendatory  thereof,  or  under  any  law  authorizing  the 
issue  of  bonds  for  the  construction  of  the  water  works  for 
the  said  city  of  Chicago. 

Sec.  13.  For  such  expenditures,  pertaining  to  the  supply  JzedtTbor^' 
of  water  to  the  said  city,  as  are  hereby  authorized,  the  said  Yo7S!.S:t^' 
city  shall  have  power  to  borrow,  from  time  to  time,  as  the 
board  of  public  works  and  the  common  council  of  said  city 
shall  deem  expedient,  a  sum  of  money  not  exceeding  five 
hundred  thousand  dollars;  and  said  board  shall  have  power,  ht\sS 
by  and  with  the  approval  of  the  common  council,  to  issue 
bonds,  pledging  the  faith  and  credit  of  said  city,  for    the 
payment  of  the  principal  and  interest  of  said  bonds  ;  but 
no  bonds  shall  be  issued,  until  the  common  council  shall  have 
approved  of  such  issue,  by  a  vote  of  a  majority  of  all  the 
aldermen  by  law  authorized  to  be  elected ;  and  all  bonds 
issued  by  the  said  board,  before  they  shall  be  binding  upon 
said  city,  shall  be  marked  "approved"  by  the  mayor  and  clerk 
of  said  city,  under  the  seal  of  said  city,  and  such  signature 
and  seal,  shall  be  conclusive  evidence  to  the  holder  of  said 
bonds,  of  the  fact  of  such  approval:  Provided,    that    all  foS/''^^ 
sales  of  water-loan  bonds,   which  may  be  issued  by  said  ^<^™p*™"«'^' 
board,  shall  be  made  only  by  the  comptroller  of  said  city, 
who  on  making  such  sales,  shall  deposit  the  proceeds  there- 


156 


CITY    CHARTER. 


Water  funds 
to  be  used 
only  for  wa- 
ter works. 


Board  desir- 
ing to  issue 
bonds,  shall 
report  the 
object  to 
council. 


Council  to 
approve. 


Interest  on 
bonds  limit- 
ed to  7  per 
cent. 


Board  to 
keep  a  regis- 
ter of  all 
bonds  issued, 


of  Avith  the  city  treasurer,  to  the  credit  of  the  water  fund, 
and  shall  file  with  the  said  board,  a  duplicate  receipt  of  the 
said  treasurer,  for  the  amount  of  such  deposit ;  Provided, 
also,  that  all  funds  derived  from  the  sale  of  said  water-loan 
bonds,  or  from  water  rents,  or  otherwise,  for  the  water 
works  of  said  city,  shall  be  exclusively  used  and  appropri- 
ated by  said  board,  to  the  objects  and  purposes  pertaining 
to  the  water  supply  of  said  city,  herein  specified,  nor  shall 
the  same  or  any  part  thereof,  be  used  by  the  said  board,  or 
by  the  said  city,  for  any  other  purpose. 

Sec.  14.  It  shall  be  the  duty  of  the  said  board,  at  any 
time  when  they  shall  desire  to  make  an  issue  of  bonds,  as 
herein  authorized,  to  make  a  report  to  the  common  council, 
setting  forth  the  nature  and  amount  of  the  work  proposed 
to  be  executed,  and  the  amount  which  will  be  required  by 
them  for  such  purposes,  within  a  period  to  be  stated  in  said 
report;  which  report  shall  be  accompanied  by  an  estimate  of 
the  cost  of  the  things  required  to  be  purchased,  and  of  the 
work  to  be  done  ;  and  the  common  council  may  thereupon, 
approve  the  issue  of  the  whole  amount  of  bonds  called  for 
by  such  report,  or  such  part  thereof,  as  the  said  common 
council  may  deem  expedient. 

Sec.  15.  The  said  bonds  shall  bear  interest  at  a  rate  not 
exceeding  seven  per  cent,  per  annum,  and  shall  not  be  sold 
at  a  rate  which  will  net  to  the  said  board,  less  than  their  par 
value,  unless  the  common  council  of  said  city,  shall  by  a 
vote  of  a  majority  of  all  the  aldermen  elected,  authorize 
the  comptroller  of  said  city  to  sell  the  same  at  a  lower  rate, 
and  then,  only  at  such  rate  as  shall  be  fixed  by  said  council : 
Provided,  however,  that  reasonable  commissions  to  brokers 
or  agents  employed  in  procuring  the  sale  or  negotiation  of 
said  bonds,  may  be  paid  by  said  comptroller. 

Sec.  16.  It  shall  be  the  duty  of  the  said  board,  to  keep  an 
accurate  register  of  all  bonds  and  all  interest  coupons,  issued 
for  the  construction  of  said  water  works,  showing  the  number, 
date  and  amount  of  each  bond  and  coupon,  and  to  whom  issued 


CHICAGO   WATER   WORKS.  157 

or  sold,  and  when  and  ■\vlierc  payable,   and  the  particular 
bonds  at  any  time  outstanding. 

Sec.  17.  It  shall  be  the  duty  of  the  comptroller  of  the  JoTS'"'" 
city  of  Chicago,  to  keep  such  a  record  of  all  bonds,  now  or  Standing 
hereafter  to  be  issued  for  the  water  supply  of  said  city,  as 
shall  at  all  times,  exhibit  the  number  and  amount  of  such 
bonds    outstanding,   the   rate    of   interest,  and    when    and 
where  the  principal  and  interest  are  payable. 

Sec.  18.  It  shall  be  the  duty  of  the  comptroller  of  said  Payments  of 

v'  1  interest  and 

city,  to  pay  the  interest  on  said  water-loan  bonds,  and  also  KbeS/e" 
the  principal,  as  the  bonds  shall  become  due.     The  said  f y.^"™?*'^'' " 
comptroller,  when  there  arc  funds  for  that  purpose,  may, 
with  the  approval  of  said  board,  purchase  any  such  water- 
loan  bonds,  whether  the  same  have  become  due  or  not ;  and 
in  case  there  are  not  sufficient  water  funds  in  the  treasury 
of  said  city,  to  meet  all  of  the  said  bonds  when  the  same 
shall  become  due,  the  said  board  shall  have  the  right  to  mayS? 
issue  new  bonds,  in  the  same  manner  as  hereinbefore  pro-  thui  foumg 
vided,  for  such  amount,  and  on  such  time,  as  the  said  board  '^^^' 
and  the  common  council  shall  deem  expedient,  in  the  place 
of  the  bonds  so  becoming  due  as  aforesaid ;  the  said  old 
bonds,  to  be  canceled  in  the  registry  thereof,  and  the  said 
new  bonds  to  be  recorded  in  the  manner  hereinbefore  pro- 
vided. 

Sec.  19.  The  said  board  of  public  works,  shall,  from  time  to  ^^""J^  ^^^^^^ 
time,  assess  as  water  rents  or  assessments,  such  amounts  as  amMuUd-'^^ 
they  shall  deem  equitable,  on  any  lots  of  land  which  shall  abut  '"^'" 
or  adjoin  any  street,  avenue  or  alley  in  said  city,  through 
which  the  distributing  pipes  of  the  water  works  of  said  city 
are,  or  may  hereafter  be  laid,  which  shall  have  a  building 
or  buildings  thereon,  which  can  be  conveniently  supplied 
with  water  from  the  said  pipes ;  the  said  assessment  shall 
be  on  tliesaid  lots  and  on  the  buildinor  or  buildings  thereon, 
whether  tlie  water  from  the  water  works  of  said  citv,  shall  be 
used  in  such  buildinjr  or  buildino-s,  or  on  such  lot,  or  not :  and  -^^'essment  a 

*-■  "  '  •  ien. 

the  said  assessment  shall  be  and  become,  a  continuing  lien  or 


158  CITY    CHARTER. 


charge  upon  all   such  lots,  and  the  building  or  buildings 
situated  thereon, 
attlchme-         Sec,  20.  The  Said  board  shall  havc  powcr,  to  attach  metcrs 
^^^'  to  any  premises  using  water,  to  enable  them  to  determine 

the  amount  to  be  assessed  against  such  premises ;  and 
assessments  so  from  time  to  time  made,  shall  be  a  charge 
and  lien  on  the  lot  and  building  or  buildings  situated  there- 
on, as  in  the  case  of  assessments  otherwise  levied,  and  be 
collected  in  the  same  manner  as  herein  provided  for  other 
water  assessments. 
Record  of  Sec.  21.  An  accuratc  record  of  all  water  rents  or  assess- 

assessments. 

ments  shall  be  kept,  by  said  board,  which  shall  be  subject  to 
inspection. 
Time  of  pay-       Sec.  22.   Tcu  davs   Drior  to  the  day  desiojnated  by  the 

ment  to  be  »/        r  ./  o  ./ 

advertised,  board,  for  the  semi-annual  or  other  periodical  payment  of 
the  water  assessment,  they  shall  advertise  in  the  corj^ora- 
tion  newspaper  of  said  city,  or  if  there  be  no  corporation 
newspaper,  then  in  some  other  newspaper  in  said  city,  that 
the  said  water  assessments,  will  at  such  time  become   due 

Sitwu^io'^     and  payable  ;  and  if  such  assessments  are  not  paid  within 

cent.'  may^ije  thirty  days  from  the  day  fixed  as  above,  for  their  payment, 
then  the  said  board  shall  have  power,  to  add  to  such  assess- 
ment, an  amount  not  exceeding  ten  per  cent,  thereof ;  and 
on  premises  assessed,  but  not  supplied  with  water,  the  said 
board  may  make  a  discount  on  the  assessment,  if  the  same 
be  paid  within  periods  to  be  fixed  by  the  board. 

Collection  of       Sec.  23.  It  shall  be  the  duty  of  the  said  board,  to  collect 

assessments ; 

warrants  to   tlic  watcr  rcuts  and  assessments  so  assessed ;  and  in   case 

be  issued. 

the  payment  thereof  shall  be  neglected  or  refused,  for  thirty 
days  after  the  time  fixed  for  the  payment  of  the  same,  as 
hereinbefore  provided,  then  the  said  board  may  issue  their 
warrants,  under  the  corporate  seal,  and  attested  by  the  city 
clerk,  directed  to  any  constable  of  said  city,  commanding 
him  to  make  the  amount  specified  in  such  warrant,  being 
the  whole  amount  due  at  the  date  of  the  issue  of  such  war- 
rant, for  water  rents  or  assessments,  as  aforesaid,   together 


CHICAGO   WATER  WORKS.  159 

with  the  costs  of  advertising  the  same,  and  such  fees  as 
constables  are  entitled  to,  by  the  laws  of  this  state,  in  the 
levy  and  sale  of  personal  property  upon  execution,  out  of 
goods  and  chattels  of  the  owner  or  owners  of  the  lots  and 
buildings  so  assessed,  or  of  the  owner  or  owners  either  of 
the  lots,  or  of  the  building  or  buildings  thereon,  if  the  lot 
and  building  are  not  owned  by  the  same  person  or  persons;  i-evy. 
and  the  constable,  in  such  case,  shall  levy  under  such 
warrant,  upon  any  personal  property  of  the  person  or  per- 
sons against  whom  the  same  is  issued,  and  shall  sell  the 
same  at  public  auction,  after  giving  ten  days'  notice  of  the 
time  and  place  of  sale,  in  some  newspaper  published  in  said 
city. 

Sec.  24.   Commencing  with  the  year  1864,  and  annually  Assessment 
thereafter,  on  or  before  the  last  day  of  October,  the  said  be'SJd  In- 

1  1      1      n    •  ,  ,  11  nuallvtocity 

board  shall  issue  a  warrant  or  warrants,  under  the  corporate  coUector. 
seal  and  attested  by  the  city  clerk,  directed  to  the  city  col- 
lector, (charging  him  with  the  amount  collectible  thereon, 
and  taking  his  receipt  therefor,)  commanding  him  to  make 
the  amounts  set  against  the  several  lots  or  parcels  of  land 
described  in  said  warrant,  being  the  amount  of  water  rents 
or  assessments  which  shall  remain  unpaid  on  said  lots,  for 
the  year  ending  May  first,  next  preceding  the  time  of  the 
issue  of  such  warrants,  out  of  the  goods  and  chattels  of  the 
respective  owners  of  said  lots  of  land ;  and  the  same  pro- 
ceedings shall  thereupon  be  taken  with  reference  to  said  Proceedings 
warrants,  as  with  warrants  issued  by  said  city  for  the  collec- 
tion of  assessments  for  the  filling,  grading  or  paving  of  streets; 
and  they  shall  have  the  same  force  and  effect,  excepting,  that 
the  said  collector  shall  pay  over  the  amounts  collected  by  him, 
to  the  said  board  of  public  works ;  and  if  any  lots  of  land  be 
struck  off*  to  the  said  city,  at  the  sale  for  such  water  rents  or 
assessments,  as  is  provided  in  the  case  of  other  taxes  or 
assessments,  the  certificates  of  the  sale  thereof,  shall  be 
issued  to  the  said  board  of  public  works,  and  shall  be  held 
by  them,  for  the   use   and   benefit   of  the  water  works 


160  CITY    CHAHTER. 


of  said  city.  Said  board  shall  have  the  same  rights  under 
such  certificates,  as  other  purchasers  at  tax  or  assessment 
sales,  and  said  certificates  shall  be  assignable,  by  the  en- 
dorsement of  the  president  of  said  board.  Said  warrants 
for  the  collection  of  water  assessments,  when  issued  to  the 
said  city  collector,  shall  have  the  same  force  and  eff'ect,  as 
warrants  issued  to  the  said  collector  by  said  city,  for 
assessments  for  filling,  grading  or  paving  streets  ;  like 
powers,  rights  and  duties  being  hereby  conferred  and  im- 
posed upon  the  said  city  collector,  and  on  all  parties  inter- 
ested, except  as  provided  in  this  section :  Provided,,  however, 
that  nothing  in  this  section  contained,  shall  be  so  construed 
as  to  prevent  said  board  from  resorting  to  any  other  method 
for  the  collection  of  water  rents  and  assessments,  which 
may  be  authorized  in  this  chapter. 
Assessments       g^c.  25.  If,  in  the  issuc  of  the  said  warrants  to  the  said 

omitted  or 

?o°*be\^nfert-  ^^^J  collcctor  for  any  one  year,  the  assessments  against  any 


^tl^^J^^X    lot  or  lots  should  be  omitted  therefrom,  or  if  from  any  cause, 
rant.  ^j^^  asscssmcnts  on  any  lots  should  not  be  collected  under 

such  warrants,  the  said  board  may,  in  their  warrants  to  be 
issued  the  next  year  to  the  city  collector,  include  such  back 
assessments  ;  or  the  amounts  with  which  such  lots  are  charge- 
able, may  be  collected  out  of  the  personal  property  of  the 
owners  of  the  lots,  or  of  the  buildings,  as  is  hereinbefore 
provided,  by  the  issue  of  the  warrants  of  the  board  to  any 
constable  in  said  city. 
Method  of  Sec.  26.  For  the  collection  of  all  water  rents,  or  assess- 

water  rents   mcnts,  remainiup*  unpaid  on  the  first  day  of  May,  A.  D. 

unpaid  May  -  &  l  ./  ./  ^         ^ 

1st,  1863.  1863,  the  said  board  may  issue  their  warrants,  as  is  provided 
in  section  twenty-three  of  this  chapter ;  and  such  warrants 
shall  authorize  the  sale  of  any  house,  or  building,  on  which 
any  lien  shall  have  attached,  by  reason  of  such  water  rent 
or  assessment,  if  the  building  and  lot  on  which  the  same  is 
situated,  are  owned  by  different  persons ;  or,  if  the  building 
and  lot  on  which  it  is  situated,  against  which  such  water 
rent  is  assessed,  are  owned  by  the  same  person,  the   said 


CHICAGO   WATER   WORKS.  161 

board  may,  as  soon  after  the  first  day  of  May,  A.  D.  1863, 
as  shall  be  practicable,  report  to  the  common  council  of  said 
city,  the  lots  on  which  there  shall  remain  unpaid  such  water 
rents  or  assessments;  and  the  common  council  shall,  there- 
upon, take  the  same  proceedings,  for  the  collection  of  such 
water  rents  or  assessments,  as  are  provided  in  this  act  for 
the  collection  of  assessments  for  the  repair  of  sidewalks  ; 
but  any  amount,  collected  under  these  proceedings,  shall  be 
paid  over  to  said  board;  and  certificates  of  sale  of  lots 
struck  off  to  the  city,  shall  be  issued,  as  provided  in  the 
twenty-fourth  section  of  this  chapter. 

Sec.  27.  It  shall  be  the  duty  of  the  board,  to  make  all  mTkerl^ia- 
needful  rules  and  regulations,  concerning  the  use  of  water,  cernUg  use 

of  wfttcr 

supplied  by  the  water  works  of  said  city,  which  regulations 

shall  be  printed  in  the  water  permits  issued  by  said  board, 

and,  if  rules  and  regulations  are  needed,  other  than  what 

are  now  provided  for  in  the  ordinances  of  said  city,  it  shall 

be  the  duty  of  the  board,  to  report  to  the  common  council, 

the  regulations  which  shall  be  adopted  by  them,  to  provide  ^^^^^^^^ 

for  such  necessity,  and  the  common  council  shall,  thereupon,  aSs'^for"" 

pass  an  ordinance  establishing  such  rules  and  regulations,  Ikm!^^^°^*" 

and  providing  penalties  for  their  violation,  which  penalties 

may  be  enforced  in  any  court  having  jurisdiction  of  any 

offenses  against  any  of  the  ordinances  of  said  city.     In  all  when  mies 

1  '11  T     1       •   1        1  •  n  .    are  not  com- 

cases,  where  said  rules  are  not  complied  with,  the  said  board  piied  with, 

water  may 

shall  have  the  right  to  stop  or  cut  off  the  supply  of  water  be  shut  off. 
from  premises  where  compliance  with  such  rules  is  refused 
or  neglected;  and  the  shutting  off  of  the  water  from  such 
premises,  shall  not  make  void  the  assessment  thereon,  but 
they  shall  be  held  for  the  assessment,  as  in  the  case  of  lots 
which  are  not  supplied  with  water,  but  which  abut  upon  a 
street  or  alley  where  the  water  pipe  is  laid. 

Sec.  28.  The  said  board  are  empowered  to  make  connec-  Bimrrimay 
tions  between  the  water  pipes  and  sewers  of  said  city,  and  to  deanse  * 
to  furnish  such  amount  of  water,  for  the  jmrpose  of  cleaning 
out  such  sewers,  as  shall  be  required,  so  far  as  the  water  can 

11 


162  CITY    CHARTER. 


be  conveniently  supplied  by  the  water  works  of  said  city,  with- 
out lessening  the  supply  needed  for  the  use  of  its  inhabitants. 
fnu?from^"       Sec.  29.  If  there  shall  be  an  annual  income  or  revenue, 
how^to^b?^'  ill  ^ny  way,  from  the  water  works  of  said  city,  greater  than 
is  needed  to  pay  the  interest  of  the  bonds  issued  for  their 
construction,  and  to  pay  the  current  expenses  of  the  works, 
and  for  maintaining  them  in  thorough  repair,  then  the  said 
board  shall  have  the  power,  to  direct  such  excess  of  revenue 
to  be  used  in  the  purchase  of  the  outstanding  water-loan 
bonds,  or  in  making  such  additions  to  the  water  works  of 
said  city,  as  shall  have  been  approved  by  the  common  coun- 
cil, or  to  direct  such  surplus  funds  to  be  invested  in  the  pur- 
po"rtto^sh'ow  chase  of  other  bonds  of  the  city  of  Chicago.     The  annual 
b^ncirand     rcport  of  Said  board  shall  specify,  in  full,  what  amount  of 
stending,"&c.  surplus  fuuds  shall  have  been  invested,  and  the  nature  and 
amount  of  the  respective   secureties  held  by  them.     The 
annual  report  of  said  board  shall  also  show  the  amount  of 
water-loan  bonds  outstanding,  and  all  debts  outstanding  on 
account  of  the  water  works,  and  the  amounts  due  from  parties 
to  the  city,  for  the  water  works,  and  shall  accurately  and 
clearly  exhibit  all  the  expenditures  of  the  said  board,  on 
account  of  the  same,  which  statement  shall  be  certified  by 
the  commissioners  of  said  board,  under  oath. 
^rt  ?o*Mmp-      Sec.  30.  It  shall  be  the  duty  of  the  said  board,  on  or  before 
S°tax  Ifcel  the  first  day  of  May,  in  each  year,  to  report  to  the  comptrol- 
raL4d°annu-  Icr,  what,  if  any,  sum  will  be  needed  by  said  board,  over  and 
above  the  revenue  of  said  water  works,  to  meet  the  payment 
of  interest  or  principal  of  the  said  water-loan  bonds,  which 
said  report  shall  be  laid,  by  the  comptroller,  before  the  com- 
mon council,  with  his  annual  estimate ;  and  it  shall  be  the 
duty  of  the  common  council  to  raise  said  amount,  if  approved 
by  them,  by  a  special  tax,  in  the  same  manner  as  general 
taxes,  to  be  designated  water  tax,  or  in  such  other  way,  as  the 
said  common  council  shall  direct,  and  the  said  amount  shall 
be  paid  over  to  the  city  treasurer,  to  be  applied  to  the  pay- 
ment of  the  interest  or  principal  of  the  water-loan  bonds. 


CHICAGO   WATER  WORKS.  163 


Sec.  31.  The  said  board  'shall  have  power  to  authorize  Sa'IinSr- 
the  comptroller  of  said  city,  to  raise,  by  temporary  loan,  uin  cases." 
upon  the  credit  of  said  city  of  Chicago,  with  the  approval 
of  the  common  council,  such  sums  of  money  as  may  be 
needed  for  the  payment  of  the  interest  on  the  said  bonds, 
or  the  outstanding  obligations  of  the  said  city,  on  account 
of  the  water  works,  and  for  which  there  shall  be  no  funds  in 
the  hands  of  the  treasurer  of  the  said  city  ;  but,  in  all  cases, 
such  temporary  loans  shall  be  provided  for,  out  of  the  first 
revenue  received  from  the  water  works  into  the  city  treasury. 

Sec.  32.  All  accounts  pertaining  to  the  water  works  of  II?ounts°to^' 
said  city,  shall  be  kept  separate  and  distinct  from  the  ac-  ratef^  ''^^^ 
counts  pertaining  to  other  departments  of  said  board ;  and 
all  moneys  deposited  with  the  city  treasurer,  on  account  of  Z^lfJ^J^^ 
the  water  works,  shall  be,  by  him,  kept  separate  and  distinct  purpose.  ^'^ 
from  all  other  moneys,  as  the  water  fund,  and  shall  only  be 
applied  for  the  uses  and  purposes  for  which  the  same  were 
received  ;  and  such  moneys  shall  be  held,  by  the  treasurer 
of  the  city,  as  a  special  fund,  separate  and  distinct  from 
other  funds ;  and  he  shall  be  deemed  guilty  of  embezzle- 
ment, if  he  shall  pay  out  such  moneys,  for  any  account 
other  than  tliat  belongino;  to  such  water  fund,  and  shall  be 

CO  ' 

liable  to  indictment  for  so  doing. 

Sec.  33.  If  any  person  shall  willfully  do,  or  cause  to  be  SiniH" 
done,   any  act,  whereby  any  work,  material  or  property  {"ty  of  S^ 
whatever,  constructed,  provided  or  used  witliin  the  city  of  uuInKtbe*'' 
Chicago,  or  elsewhere,  by  the  said  board,  or  by  any  person 
acting  under  their  authority,  tor  the  purpose  of  procuring 
or  keeping  a  supply  [of]  water,  shall  in  any  manner  be  in- 
jured, or  if  any  person  shall  willfully  pollute  the  water,  such 
person  shall  be  subject  to  indictment,  and  upon  conviction 
thereof,  shall  be  punished  by  fine  not  exceeding  one  thousand 
dollars,  or  imprisonment  not  exceeding  six  months,  or  both, 
in  the  discretion  of  the  court. 

Sec.  34.  All  acts  or  parts  of  acts,  inconsistent  with  the  fia^3''°° 
provisions  of  this  chapter,  are  hereby  repealed. 


164 


CITY    CHARTER. 


CHAPTEP.  XVI. 

CHICAGO    SEWERAGE    WORKS. 


Section. 

1.  Board  of  public  works  to  have  charge 

of  sewerage  works. 

2.  Board  to  consider  all  matters  in  relatitin 

to  drainage. 

3.  Power  to  purchase  books  and  charts, 

and  to  make  surA'eys. 

4.  Power  to  construct  reservoirs  and  lay 

sewers. 

5.  Power  to  construct  canals  or  sewers 

connecting  the  river  and  its  branches 
with  the  lake ;  to  construct  dams  and 
pumping  works. 

6.  Power  to   purchase  and    convey  real 

estate. 

7.  Power  to  enter  upon  land  to  make  sur- 

veys and  construct  works;  to  agree 
with  owners  upon  compensation  to  be 
paid  for  land  taken. 

8.  Mode  of  ascertaining  damages  in  case 

of  disagreement. 

9.  Board  to  report    to    common    council 

what  changes  are  necessary  in  the 
grade  of  streets;  council  may  estab- 
lish and  alter  grades;  street  gutters 
may  be  so  laid  as  to  remove  the  sur- 
face water. 

10.  Sewers  may  be  so  constructed  as  to 

furnish  proper  connections  with  pri- 
vate drains ;  the  additional  costs  to  be 
assessed  on  lots  benefited. 

11.  Costs  of  private  drains  to  be  a  special 

charge  on  lots  benefited. 

12.  Board  to  prescribe  location  and  con- 

struction of  private  drains  which  con- 
nect with  the  public  sewers. 

13.  Board  to  cause  private   drains  to  be 

laid,  communicating  with  the  sewers, 
from  every  lot  requiring  it ;  may  enter 
upon  any  lot  for  this  purpose. 

14.  Board  may  regulate   the   construction 

and  cleansing  of  privies  and  cess-pools. 

15.  Board  empowered  to  complete  the  issue 

of  certain  bonds  heretofore  authorized. 

16.  City  authorized  to  borrow  $500,000,  for 

sewerage  purposes ;  bonds  to  be  issued; 
how  issued  and  by  whom  sold ;  sewer- 
age funds  to  be  used  exclusively  for 
sewerage  purposes. 

17.  Board    deshing  to  issue    bonds,  shall 

make  a  report  and  estimate  to  the 
common  council  of  the  purposes  for 
which  the  bonds  are  to  be  used ;  coun- 
cil may  approve. 


Section. 

18.  Interest    on  bonds  restricted  to  7  per 

cent.;  bonds  not  to  be  sold  at  less  than 
par  without  consent  of  council. 

19.  Board  to  keep  a  register  of  all  bonds 

issued. 

20.  Comptroller  to  keep  a  record  of  all  bonds 

outstanding. 

21.  Interest  on  bonds  to  be  paid  by  comp- 

troller ;  also  the  principal  when  due ; 
purchase  of  sewerage  bonds  by  the 
city ;  new  bonds  may  be  issued  to  pay 
those  falling  due. 

22.  Board  to  report  to  comptroller  on  the 

1st  of  May  the  amount  required  to 
pay  interest  on  outstanding  bonds. 
2-3.  Board  to   report,  at    same    time,   the 
amount  required  for  sinking  fund. 

24.  Board   to    report,  at   same    time,   the 

amount  required  for  salaries,  incident- 
al expenses,  and  cleaning  and  repair- 
ing sewers. 

25.  The  amount  reported  under  last  three 

sections  to  be  raised  by  tax ;  treasurer 
to  report  monthly  to  board  of  public 
works  .the  amount  of  sewerage  tax 
collected. 

26.  Sinking  fund  to  be  invested  in  purchase 

of  sewerage  bonds  or  other  bonds  of 
the  city;  to  be  used  for  no  other  pur- 
jjose  than  the  liquidation  of  said  bonds; 
annual  report  to  specify  the  securities 
in  which  said  fund  is  invested;  also 
the  progress  and  condition  of  sewerage 
works,  amount  of  bonds  and  debts 
outstanding,  amounts  due,  and  all  ex- 
penditures on  account  of  the  works. 

27.  Temporary  loans  authorized  in  certain 

cases. 

28.  Accounts  pertaining  to  sewerage  worka 

to  be  kept  separ  ite;  moneys  deposited 
with  treasurer  on  account  of  said 
works  to  be  applied  only  for  sewerage 
purposes. 

29.  Penalty  for  willful  injury  to  sewers. 

30.  Board  to  make  regulations  concerning 

the  public  sewers;  common  council 
to  provide  penalties  for  their  viola- 
tion. 

31.  Provisions  relating  to  sinking  fund  to 

be  deemed  as  part  of  the  contract  with 
parties  purchasing  bonds. 

32.  Repealing  clause. 


Board  of  pub-       SECTION  1.  The  board  of   public  works  of  the    city    of 

lie  works  to 

have  charge    Qhicao-o,    shall  havc    chapge    and  superintendence   of   the 

ot  sewerage  o    '  o  J. 

works.  sewers  of  said  city,  and  of  all  works  pertaining  thereto. 


CHICAGO   SEWERAGE   WORKS.  165 

Sec.  2.  It  shall  be  tlie  duty  of  the  said  board,  to  exam-  Board  to  con- 

•^  '  sidei"  all  mat- 

ine  and  consider  all  matters  relative  to  the  thorough,  sys-  £ntoSn- 

tematic  and  effectual  drainage  of  the  city  of  Chicago,  not  ^^^' 

only  of  surface  water  and  filth,  but  also  of  the  soil  on  which 

said  city  is  situated,  to  a  sufficient  depth  to  secure  dryness 

in  cellars,  and  entire  freedom  from  stagnant  water,  and  in 

such  manner  as  best  to  promote  the  healthfulness  of  said 

city. 

Sec.  3.  The  said  board  shall  have  power  to  purchase  such  purchase 
books,  charts  and  other  works,  as  may  be  found  necessary  or  chaSs!^"^ 
useful,  and  to  cause  such  surveys  to  be  made  within  said  8,i-™y8^ 
city,  and  outside  of  its  limits,  as  may  be  required  in  carry- 
ing out  the  objects  of  this  chapter. 

Sec.  4.  The  said  board  shall  have  power  to  construct  JJservS"^* 
reservoirs,  and  to  lay  sewers  or  drains  in  and  through  all  erg.  ^^  ^^^' 
the  alleys  and  streets  of  the  said  city,  and  in  any  highway 
in  Cook  county,  and  also  across  all  rivers  and  streams,  not 
interfering  with  the  navigation  of  the  same,  and  through 
any  or  all  breakwaters  into  Lake  Michigan,  whether  within 
the  limits  of  said  city  or  not. 

Sec.  5.  The  said  board  are  hereby  empowered,  with  the  SiaiTcon-*^* 

the  approval  of  the  common  council  of  said  city,  to  construct  and  Ttl  "^^'^ 

canals  or  sewers  connecting  Lake  Michigan  with  Chicago  with  the 

river,  or  its  branches,  and  such  other  canals,  ditches,  dams.  To  I'.uiid 

dams,  pump- 
sewers,  embankments,  reservoirs,  pumping  works  or  other  ing\vurke,&c 

works,  and  such  buildings,  machinery  and  fixtures,  as  they 

may  find  necessary  or  useful  for  the  carrying   out  of  the 

purpose  of  this  chapter,  whether  the  same  are  made  within 

or  without  the  limits  of  said  city. 

Sec.  6.  The  said  board  shall  have  power  to  purchase,  to purchase 

^  ^  and  convey 

hold  and  convey  any  personal  and  real  estate,  which  may  be  ^^^  ®-^^*'^- 
necessary  and  proper  to  carry  out  the  intention  and  objects 
of  this  chapter,  but  the  title  to  all  real  estate  purchased, 
shall  be  taken  in  the  name  of  the  city  of  Chicago,  and  no 
such  purchase  shall  be  made,  without  the  approval  of  the 
common  council  being  first  had  thereto. 


166 


CITY    CHARTER. 


To  enter  iip- 
on  land  to 
make  swc- 

veys  and  con- 
struct works. 

To  agree 
with  owners 
for  land 
damages. 


Mode  of  as- 
certaining 
damages  in 
case  of  disa- 
greement. 


Board  to  re- 
port to  com- 
mon council 
necessary 
clianges  in 
grade  of 
streets. 


Street  gut- 
ters may  be 
so  laid  as  to 
remove  sur- 
face water. 


Sec.  7.  The  said  board  are  hereby  authorized  to  enter 
upon  any  land  or  water,  for  the  purpose  of  making  surveys, 
or  constructing  any  of  the  works  authorized  by  this  act, 
and  to  agree  with  the  owners  of  any  property,  which  may  be 
required  for  the  purpose  of  this  act,  as  to  the  amount  of 
compensation  to  be  paid  to  such  owners  for  the  property  so 
taken,  or  the  amount  of  damages  to  be  paid  to  such  owner 
or  owners,  by  reason  of  the  construction  of  any  of  the 
works  hereby  authorized,  but  no  such  agreement  shall  be 
binding  on  said  city,  until  first  approved  by  the  common 
council  thereof. 

Sec.  8.  In  case  of  disagreement  between  the  board  and 
the  owners  of  property,  which  may,  in  the  judgment  of  said 
board,  be  required  for  any  of  the  purposes  specified  in  this 
chapter,  as  to  the  amount  of  compensation  to  be  paid  to 
such  owners,  or  in  case  such  owner  shall  be  an  infant,  a 
married  woman,  or  insane,  or  absent  from  this  state,  or  in 
case  of  disagreement  between  the  said  board  and  any  own- 
er or  owners  of  property,  touching  the  amount  of  damages 
arising  from  the  construction  of  any  part  of  the  work  here- 
by authorized,  the  said  board  shall  have  the  right  to  con- 
demn said  property,  or  to  have  the  amount  of  such  damages 
ascertained,  or  both ;  and  the  proceedings  for  the  condem- 
nation of  such  property,  or  the  ascertainment  of  such  dam- 
ages, or  both,  shall  conform,  as  nearly  as  may  be,  to  those 
specified  and  provided  in  the  act  entitled  "  An  act  to  amend 
the  law  condemning  right  of  way,  for  purposes  of  internal 
improvement,"  approved  June  22,  1852,  and  the  act  or 
acts,  of  which  the  same  is  an  amendment. 

Sec.  9.  It  is  hereby  made  the  duty  of  the  said  board, 
to  report  to  the  common  council  what  grade  or  changes  of 
grade,  of  the  streets  and  alleys  of  said  city,  are  necessary,  to 
secure  their  thorough  drainage  and  sewerage,  as  is  contempla- 
ted by  this  chapter ;  and  the  common  council  may  thereupon 
by  ordinance  establish  or  alter  such  grades.  The  said  board 
may  make  such  arrangements  or  alterations  of  the  gutters 


CHICAGO    SEWERAGE    WORKS.  167 

along  the  streets  and  alleys,  included  in  those  parts  of  the 

city,  the  drainage  from  which,  can  be  conveniently  introduced 

into  the  sewers,  as  shall  be  necessary  to  cause  a  rapid  and 

effectual  removal  of  the  surface  water  from  the  same  ;  and 

to  this   end,  may  enter  upon,  use    and  obstruct  the   said 

streets,  for  such  time  as  may  be  necessary  to  effect  said 

object. 

Sec.  10.    The  said  board,   while   constructinsr  the  said  sewersmay 

~  be  so  con- 

drains  or  sewers,  as  herein   provided,  may  construct  such  f<tru't<^:ias 

'  >■  '  tJ  to  furnish 

additions  to  the   same,  as  they  shall   deem    expedient,  to  JieX^'idth 
furnish  the    proper  plans  of  connection  with  the  private  ^1]^^ 
di'ains  or  sewers  to  be  thereafter  constructed;  and  the  cost 
of  such  additions,  may  be  charged  and  assessed  as  a  part  Atuiitionai 

^  J  ^  1  costs,  Low 

of  the  expense  of  said  private  drains  or  sewers  connect-  defrayed. 
ing  therewith,  when  such  private  drains  or  sewers  shall  be 
constructed,  and  shall  be  chargeable  to  the  lot  or  lots,  for 
the  benefit  of  which  the  same  are  constructed,  and  collec- 
ted in  the  same  manner  as  hereinbefore  in  this  act  provided 
for  the  collection  of  the  costs  of  such  private  drains  or 
sewers. 

Sec.  11.  The  cost  of  the  private  di'ains  and  sewers,  con-  costs  of  pvi- 

1  .,  .  .1-  -11  IT  vate  drains 

nectmfr  the  respective  lots  in  said  city  with  the  public  sew-  chargeable 

.     ,,  ,       .  to  lots  bene- 

ers,  shall  not  be  included  in  the  cost  of  the  general  plan  of  fited. 
sewerage,  but  the  same  shall  be  a  special  charge  upon  the 
lot  or  lots,  for  whose   benefit  such  private  drain   or  sewer 
shall  be  constructed,  and  shall  be  collected  as  hereinbefore 
in  this  act  provided. 

Sec.  12.  It  shall  be  the  duty  of  said  board,  to  prescribe  Board  to  pre- 

-  .  -11  •  scribe  loca- 

tne  location,  arrangement,  term,  material   and  construction  tiunandcon- 

\  ,  .  .  struction  of 

of  everv  private  drain  or  sewer  emptvinic  into  the  said  pub-  private 

"    ^  >■    'J       G  1  drains. 

lie  drains  or  sewers,  and  to  determine  the  manner  and  plan 
of  such  connection  ;  and  the  work  of  constructing  the  same, 
shall  be,  in  all  cases,  subject  to  the  superintendence  and 
control  of  the  said  board,  and  shall  be  executed  strictly  in 
compliance  with  their  orders. 

Sec.  13.  It  shall  be  the  duty  of  the  said  board,  to  construct  Board  to 


168  CITY  CHARTER. 


cause  private  or  provide  foi"  tliG  construction  of  private  drains  or  sewers, 

drains  to  be  ■•■  ^  ' 

Iver^'^Tt  if  ^*^  communicate  with  the  public  drains  or  sewers,  from  every 
needed.         jot  in  the  Said  city,  which  in  their  judgment  requires  it ; 
and  whenever  the  said  board,  by  virtue  of  this  act,  are  au- 
thorized to  construct  any  such  private  drain  or  sewer,  it  shall 
be  lawful  for  the  said  board,  or  their  agents,  to  enter  upon 
any  of  said  lots   and  to   construct  thereon  such   drain  or 
sewer,  and  for  that  purpose,  to  have  free  ingress  and  egress 
upon  said  lot  or  lots,  with  men  and  teams,  and  to  deposit  all 
the  necessary  building  materials,  and  generally,  to  do   and 
perform  all  things  necessary  to  a  complete  execution  of  the 
work. 
Si^trac«on       ^^^-  ^^'  ^^^  ^^i^^  board  shall  have  power  to  regulate  the 
?S-p^oois!'^'^  construction  of  privies,  and  the  manner    of  cleaning   the 
same,  and  to  construct  and  regulate  the  construction  of  cess- 
pools, and  provide  for  the  draining  of  privies  and  cess-j)Ools ; 
and  like  notices  shall  be  served,  so  far  as  may  be,  and  like 
proceedings  had,  and  like  measures  taken  for  collecting  the 
cost  and  expense,  as  is  hereinbefore  in  this  act  provided  in 
the  case  of  repairs  of  sidewalks. 
To  complete        Sec.  15.  The  Said  board  of  public  works  are  hereby  em- 

the  issue  of 

certain         powcrcd  to  issuc  all  bouds,  now  authorized  to  be  issued  under 

bonds.  -••  ^ 

the  law  of  this  state,  incorporating  a  board  of  Sewerage 
Commissioners  for  the  city  of  Chicago,  approved  February 
14tli,  1855,  and  under  an  act  in  addition  to   the   same,  ap- 
proved February  14th,  1859. 
City  author-        gj;c.   16.    For   the    carrvino;   out  of    the   purposes  and 

ized  to  bor-  «/       o  i        X 

fo^seweJage'  o^ccts  of  this  chapter,  the  said  city  shall  have  power  to 
works.  borrow,  from  time  to  time,  as  the  board  of  public  works  and 
the  common  council  of  said  city  shall  deem  expedient,  a 
sum  of  money  not  exceeding  five  hundred  thousand  dollars, 
upon  the  credit  of  said  city  of  Chicago  ;  and  said  board  shall 
have  power,  by  and  with  the  approval  of  the  common  coun- 
Bonds  may     cil,  to  issuc  bouds  pledging  the  faith  and  credit  of  said  city, 

be  issued.         «!  pi  ..,,.  p-iii 

lor  the  payment  oi  the  principal  and  interest  oi  said  bonds ; 
but  no  bonds  shall  be  issued  until  the  common  council  shall 


CHICAGO   SEWERAGE   WORKS.  169 


have  approved  of  such  issue,  by  a  vote  of  a  majority  of  all 
the  aldermen  by  law  authorized  to  be  elected;    and  all 
bonds  issued  by  said  board,  before  they  shall  be  binding 
upon  said   city,  shall  be  marked  "approved,"  by  the  mayor 
and  clerk  of  said  city,  under  the  seal  of  said  city,  and  such 
signature   and   seal   shall   be   conclusive   evidence   to  the 
holder  of  said  bonds,  of  the  fact  of  such  approval :  Pro-  Stycomp- 
videdj  that  all  sales  of  sewerage-loan  bonds,    which   may 
be  issued  by  said  board,  shall  be  made  only  by  the  comp- 
troller  of  said    city,   who,    on   making  such   sales,    shall 
deposit  the  proceeds  thereof  with  the  city  treasurer,   to 
the  credit  of  the  sewerage  fund,  and  shall  file  with   the 
said  board,  a   duplicate  receipt  of  the  said  treasurer   for 
the  amount  of  such  deposit :  Provided,  also,  that  all  funds  fumiTtfbe 
derived  from  the  sale  of  the  sewerage-loan  bonds  of  said  "ewen.gJ  ^^ 
board,  or  otherwise,  for  the  sewerage  works  of  said  city,  p'^^p"^^^- 
shall  be  exclusively  used  and  appropriated  by  said  board,  to 
the  objects  and  purposes  pertaining  to  the  sewerage  of  said 
city,  herein  specified ;  nor  shall  the  same  or  any  part  there- 
of, be  used  by  the  said  board,  for  any  other  purpose. 

Sec.  17.  It  shall  be  the  duty  of  the  said  board,  at  any  time  P'J';^  f/^'^- 
when  they  shall  desire  to  make  an  issue  of  bonds,  as  here-  report S^ 
in  authorized,  to  make  a  report  to  the  common  council,  set-  coiScu!° 
ting  forth  the  nature  and  amount  of  work  proposed  to  be 
executed,  and  the  amount  which  will  be  required  by  them 
for  such  purposes,  within  a  period  to  be  stated  by  them  in 
said  report ;  which  report  shall  be  accompanied  by  an  esti- 
mate of  the  cost  of  the  things  required  to  be  purchased,  and 
of  the  work  to  be  done ;    and  the  common  council  may,  conncii  to 

''  '   approve. 

thereupon,  approve  the  issue  of  the  whole  amount  of  bonds 
called  for  by  such  report,  or  such  part  thereof  as  the  com- 
mon council  may  deem  expedient. 

Sec.  18.  The  said  bonds  shall  bear  interest  not  exceeding  boSTim^red 
seven  per  cent,  per  annum,  and  shall  not  be  sold  at  a  rate   "^ '  ^^^ 
which  will  net  to  the  said  board,  less  than  their  par  value, 
unless  the  common  council  of  said  city  shall,  by  a  vote  of 


170  CITY   CHARTER. 


a   majority  of    all   the    aldermen    elected,    authorize   the 

comptroller  of  said  city,  to  sell  the  same  at   a  lower  rate, 

and  then  only  at  such  rate  as  shall  be  fixed  by  said  council : 

Provided,  however,  that  reasonable  commissions  to  brokers 

or  agents  employed  in  procuring  the  sale  or  negotiation  of 

said  bonds,  may  be  paid  by  said  comptroller. 

keeplJJgis-       Sec.  19.  It  shall  be  the  duty  of  the  said  board,  to  keep 

bonds  issued,  an  accuratc  register  of  all  bonds  and  all  interest  coupons, 

issued  for  the  construction  of  said  sewerage  works,  showing 

the  number,  date  and  amount  of   each  bond  and  coupon, 

and  to  whom  issued  or  sold,  and  when  and  where  payable, 

and  the  particular  bonds  at  any  time  outstanding. 

teepf  "        S^^-  ^^-  I*  ^^1^11  ^^®   the  duty  of  the  comptroller  of  the 

standing  °"*"  ^ity  of  Chicago,  to  keep  such  a  record  of  all  bonds,  now 

or  hereafter  to  be  issued  for  the  sewerage  of  said  city,  as 

shall  at  all  times  exhibit  the  number  and  amount  of  such 

bonds  outstanding,  the  rate  of  interest,  and  when  and  where 

the  principal  and  interest  are  payable. 

Payments  of       gj^c.  21.  It  shall  bc  the  duty  of  the  comptroller  of  said 

interest  and  «^  -C^ 

be^madeVy    ^^^J->  ^^  V^J  ^^^^  iutcrcst  ou  Said  scwcrage-loan  bonds,  and 
comptroller,   ^"^g^  ^j^^  principal,  as  the  bonds  shall  become  due.     The  said 
comptroller,  when  there   are  funds  for   that  purpose,  may, 
with  the  approval  of  the  said  board,  purchase  any  such  sewer- 
age-loan bonds,  whether  the  same  have  become  due  or  not ; 
New  bonds     and  in  case  there  are  not   sufficient   sewera2;e  funds  in  the 

may  be  is-  '-' 

those^Mr'^o-  ti'^asury  of  said  city,  to  meet  all  of  the  said  bonds,  when  the 
^^^-  same  shall  become  due,  the  said  board  shall  have  the  right  to 

issue  new  bonds,  in  the  same  manner  as  hereinbefore  pro- 
vided, for  such  amount  and  on  such  time,  as  the  said  board 
and  the  common  council  of  said  city  shall  deem  expedient, 
in  the  place  of  bonds  so  becoming  due  as  aforesaid ;  the 
said  old  bonds  to  be  canceled  in  the  registry  thereof,  and 
the  said  new  bonds  to  be  recorded  in  the  manner  herein- 
before provided. 
poHto*comp-  Sec.  22.  It  shall  be  the  duty  of  the  board,  to  report  to 
amount  re-    the  Comptroller,  on  or  before  the  first  day  of  May  in  each 


CHICAGO   SEWERAGE   WORKS.  171 

year,  the  amount  which  will  be  required  to  be  raised  for  quirfian- 

*>  ^  A  Dually  to  pay 

the  municipal  year  next  ensuing,  to  meet  the  payment  of  i^^terest. 
interest  to  accrue  during  said  year  on  all  the  bonds  theretofore 
issued,  or  which  are,  during  said  year,  to  be  issued,  for  the 
sewerage  of  the  said  city. 

Sec.  23.  It  shall  be  the  duty  of  the  said  board,  further  I^ouE^Lc- 
to  report  to  the  comptroller,  at  the  time  named  in  said  last  rauIdfoV^^ 
section,  such  amount   as  they  shall,  upon  calculation,  find  ^^^  ^^  ^  ' 
necessary,  in  order  to  provide  a  sinking  fund  for  the  liqui- 
dation of  the  bonds,  so  issued  as  aforesaid,  at  the  maturity 
thereof:  Provided^  that  the  amount  to  be  raised  for  such 
sinking  fund  shall  not  exceed  two  per  cent,  of  the  amount 
of  bonds   theretofore   issued,  and  which   are,   during  said 
year,  to  be  issued  for  the  sewerage  of  said  city. 

Sec.  24.  The  said  board  shall,  at  the  same  time,  also  re-  SiJuS^rV 
port  to  the  comptroller,  the  sum  which  will  be  by  them  saiSs'^aud 
required  to  pay  salaries   and  incidental   expenses,  and  for  SwerJ'&c°° 
the  cleaning  and  repairing,  and  for  the  proper  maintenance 
of  the  sewers  of  said  city.     The  reports  required  in  this 
and  the  two  preceding  sections,  shall  be  laid  by  said  comp- 
troller before  the  common  council  with  his  annual  estimate. 

Sec.  25.  The  amount  which  shall  be  so  reported  to  the  ^m-^^nt  ^f- 

i^  quired,  to  be 

common  council,  as  provided  in  said  last  three  sections,  shall  raised  by  tax 
be  raised  by  the  said  common  council,  by  a  special  tax  on 
the  property  of  the   city,  to  be  designated  sewerage  tax, 
which  shall  be  collected  in  like  manner  with  the  other  taxes 
of  said  city ;  and  the  amounts  so   collected,  shall  be   paid  Treiusurer  to 
over  by  the  collector  of  said  city  to  the  city  treasurer,  who,  ^^^^^\ 
at  the  end  of  each  month,  shall  report  to  the  board  of  pub-  "eTemge'^tax 
lie  works,  the  amount  of  the  sewerage  tax  paid  over  to  him  ^""^*^*^'^- 
during  such  month. 

Sec.  26.  It  shall  be  the  duty  of  the  said  board,  to  direct  towS?-'^' 
the  comptroller  of  said  city,  to  invest  the  amount  heretofore  ^^' 
raised,  or  hereafter  to  be  raised  to  provide  a  sinking  fund 
for  the  liquidation  of  said  bonds,  and  such  investment  shall 
be  by  the  purchase  of  said  bonds,  or  other  bonds  of  the 


172  CITY    CHARTER. 


city  of  Chicago ;  and  in  like  manner  to  invest  the  interest 
received  on  such  last  mentioned  bonds,  and  to  invest  and 
re-invest  said  sinking  fund,  and  all  proceeds  thereof,  in  such 
manner  as  to  make  the  same  available  for  the  liquidation  of 
the  said  bonds.  All  such  investments  shall  be  made  in  the 
name  of  the  said  city,  and  shall  be  designated  as  the  sewer- 
age sinking  fund,  and  shall  in  no  case  be  used  or  appropriated 
for  any  other  purpose  whatsoever,  than  the  liquidation  of  the 

"^0°?"^^^^  said  bonds.  The  annual  report  of  said  board  shall  specify 
in  full,  the  nature  and  amount  of  the  respective  securities  in 
which  the  said  sinking  fund  is  invested.  The  annual  report 
of  said  board  shall  state  the  progress  and  condition  of  the 
sewerage  works,  shall  also  show  the  amount  of  sewerage- 
loan  bonds  outstanding,  and  all  debts  outstandino;  on  ac- 
count  of  the  sewerage  works,  and  the  amount  due  from 
parties  to  the  city  for  the  sewerage  works,  and  shall  accu- 
rately and  clearly  exhibit  all  the  expenditures  of  the  said 
board  on  account  of  the  same ;  which  financial  statement 
shall  be  certified  by  the  commissioners  of  said  board,  under 
oath. 

Temporary         Sec.  27.  Thc  Said  board  shall  have  power  to  authorize 

izedlncer-  tho  Comptroller  of  said  city,  to  raise,  by  temporary  loan, 
upon  the  credit  of  said  city  of  Chicago,  with  the  approval 
of  the  common  council,  such  sums  of  money  as  may  be 
needed  for  the  payment  of  the  interest  on  the  said  bonds, 
or  the  outstanding  obligations  of  the  said  city  on  account 
of  the  sewerage  works,  and  for  which  there  shall  be  no 
funds  in  the  hands  of  the  treasurer  of  the  said  city  ;  but  in 
all  cases,  such  temporary  loans  shall  be  provided  for  out  of 
the  first  sewerage  tax,  or  other  revenues  on  account  of  the 
sewerage  works,  received  into  the  city  treasury. 

Sewerage  ac-      Sec.  28.  All  accouuts  pertaining  to  the  sewerao;e  works 

counts  to  be  i  o  o 


kept  sepa-     of  Said  city,  shall  be  kept  separate  and  distinct  from  the 

accounts    pertaining  to  other  departments  of  said  board ; 

Sewerage      ^^^  ^^^  moucys  dcpositcd  with  the  city  treasurer,  on  account 

used'forno     of  the  scwcragc  works,  shall  be  by  him  kept  separate  and 


CHICAGO   SEWERAGE  WORKS.  173 

distinct  from  all  other  moneys,  as  the  sewerage  fund,  and  po^e!^^"^' 
shall  only  be  applied  for  the  uses  and  purposes  for  which 
the  same  were  received. 

Sec.  29.  If  any  person  shall  willfully  or  maliciously  Jj/j^^pj  ^'^'' 
obstruct,  damage  or  injure  any  public  or  private  sewer  or  i"gf  ^*^*®^' 
drain  in  said  city,  or  willfully  injure  any  of  the  materials 
employed,  provided  or  used  in  said  city  for  the  purposes 
specified  in  this  act,  he  shall  be  subject  to  indictment,  and 
upon  conviction  thereof,  shall  be  punished  by  fine  not  ex- 
ceeding one  thousand  dollars,  or  im2:)risonment  not  exceed- 
ing six  months,  or  both,  in  the  discretion  of  the  court. 

Sec.  30.  It  shall  be  the  duty  of  the  board,  to  make  all  ^'^•^'^  to 

"  '  make  regula- 

necessary  rules,  regulations  and  restrictions  concerning  the  JeiSng^g'ew- 
public  and  private  sewers  or  drains  of  said  city,  and  to  re-  *^'^^" 
port  to  the  common  council  the  regulations  which  shall  be 
adopted  by  them ;  and  the  common  council  shall  thereupon  common  ■ 

i-  t/  '  -t  council  to 

pass  an  ordinance,  establishing  such  rules  and  regulations,  Ks"fo^^°' 
and  providing  penalties  for  their  violation;  which  penalties  JJfn^^'^^^*" 
may  be   enforced  in  any  court  having  jurisdiction  of  any 
ofi"enses  against  any  of  the  ordinances  of  said  city. 

Sec.  31.  The  provisions  hereinbefore  contained,  for  the  sinking-fund 
establishment  of  a  sinking  fund,  shall  be  deemed  and  taken  Jeemed  part 

f      1  -11  •  1        •  .  1    °^  contract 

as  a  part  oi  the  contract  with  the  parties  pui-chasmg  said  ^'t^i  pur- 

i  r  r  to  chasers  of 

bonds,  and  shall  not  be  repealed  or  modified,  so  as  in  any  ^'^'^^• 
manner  to  impair  the  security  thereby  aiforded  to  the  said 
bond  holders. 

Sec.  32.  All  acts  or  parts  of  acts,  inconsistent  with  the  Repealing 
provisions  of  this  chapter,  are  hereby  repealed. 


174 


CITY    CHARTER. 


CHAPTEH    XYII. 

MISCELLANEOUS  AND  SUPPLEMENTARY. 


Section. 

1.  Ordinances  imposing  penalties   to  be 

published  six  days,  before  taking  ef- 
fect. 

2.  Ordinances  to  continue  in  force. 

3.  All  actions  and  rights  preserved. 

4.  Eights  of  property  vested  in  the  corpo- 

ration; officers  to  continue  until  su- 
perseded. 
6.  No  act  invalidated  or  right  divested  by 
reason  of  this  act. 

6.  No  person  incompetent  to  act  as  judge, 

witness  or  juror  because  an  inhabi- 
tant of  the  city. 

7.  Powers  of  conservators  of  the  peace. 

8.  Cemetery  lots  exempt  from  levy  and  at- 

tachment. 

9.  Criminals  convicted  in  recorder's  court 

may  be  sentenced  to  bridewell,  instead 
ol  county  jail. 

10.  City  not  liable  for  board  or  jail  fees  of 

persons  committed  to  county  jail. 

11.  City  not  required  to  furnish  an  appeal- 

bond  or  affidavit  of  merits  in  any  suit; 
execution  not  to  be  issued  against  the 
city. 

12.  Ordinances,  when  published  by  author- 

ity, shall  be  evidence  without  proof. 

13.  This  act  a  public  act ;  courts  to  take 

judicial  notice  of  it. 

14.  Certain  acts  respecting  wharfing  priv- 

ileges in  Chicago,  continued  in  force. 

15.  Board  of  Claims'   Commissioners  abol- 

ished. 

16.  Special  provision  concerning  first  elec- 

tion of  aldermen  under  this  act. 


Section. 

17.  Special  provision    concerning    present 

commissioners  of  board  of  public 
works  and  board  of  police ;  election  of 
their  successors. 

18.  Police  justices  may  be  appointed  after 

first  Monday  of  May,  1863,  to  succeed 
those  then  in  office. 

19.  Special  provision  concerning    present 

guardians  of  reform  school ;  appoint- 
ment of  their  successors. 

20.  "Ward  supervisors  now  in  office  shall 

continue  to  serve  until  theu-  present 
term  expires:  one  supervisor  to  be 
elected  in  each  ward  at  future  elec- 
tions for  town  officers. 

21.  Certain  offices  in  and  for  the  towns  of 

North,  South  and  West  Chicago  abol- 
ished ;  compensation  of  tuwa  clerk  for 
each  of  said  towns  not  to  exceed  $100 
a  year;  annual  tax  for  town  purposes 
restricted  therein  to  $1000 ;  school 
and  other  property,  belonging  to  said 
towns,  to  be  transferred  to  the  city. 

22.  First  election  of  city  officers,  under  this 

act,  to  be  held  on  third  Tuesday  of 
April,  1863. 

23.  This  act  shall  not  be  construed  to  ex- 

tend to  any  railroad  company  any 
new  rights  or  privileges. 

24.  Special  provisions  respecting  the  use  of 

the  railway  tracks  of  anj'  company, 
in  the  streets  and  alleys,  by  other 
companies. 

25.  This  act  to  take  effect  from  its  passage. 


Ordinances 
imposing 


times. 


Section  1.  Every  ordinance,  regulation  or  by-law^,  im- 
pubHshed^six  posing  any  penalty,  fine,  imprisonment,  or  forfeiture,  for  a 
violation  of  its  provisions,  shall,  after  the  passage  thereof, 
be  published  six  times  in  the  corporation  newspaper,  and 
proof  of  such  publication,  by  the  affidavit  of  the  printer  or 
publisher  of  said  newspaper,  taken  before  any  officer  author- 
ized to  administer  oaths,  and  filed  with  the  city  clerk,  or 
any  other  competent  proof  of  such  publication,  shall  be 
conclusive  evidence  of  the  legal  publication  and  promul- 
gation of  such  ordinance  or  by-law,  in  all  courts  and  places. 


MISCELLANEOUS    AND    SUPPLEMENTARY.  175 

Sec.  2.  All  ordinances,  reo;ulations  and  resolutions,  now  ordinanceH 

...         ""^  '"  force, 

in  force  in  the  city  of  Chicao-o,  and  not  inconsistent  with  i""  remaiu  in 

•'  ^    '  force. 

this  act,  shall  remain  in  force,  under  this  act,  until  altered, 
modified  or  repealed  by  the  common  council,  after  this  act 
shall  take  effect. 

Sec.  3.  All  actions,  rights,  fines,  penalties  and  forfeit-  ^i^nfij^^^" 
ures,  in   suit  or  otherwise,  which  have  accrued  under  the  iifJorpori^*^ 
several  acts  consolidated  herein,  shall    be  vested   in,  and  ^'''°" 
prosecuted  by  the  corporation  hereby  created. 

Sec.  4.  All  property,  real,  personal  or  mixed,  belonging  Property 

,,.  P/-11-  -11  ^    •  1  •  vested  in  cor- 

to  the  City  oi  Chicago,  is  hereby  vested  m  the  corporation  puration. 
created  by  this  act ;  and  the  officers  of  said  corporation, 
now  in  office,  shall  respectively  continue  in  the  same,  until 
superseded  in  conformity  to  the  provisions  hereof;  but 
shall  be  governed  by  this  act,  which  shall  take  effect  from 
and  after  its  passage. 

Sec.  5.  This  act  shall  not  invalidate  any  legal  act  done  This  act  not 
by  the  common  council  of  the  city  of  Chicago,  or  by  its  pnur  kcu  or 
officers  ;  nor  divest  their  successors,  under  this  act,  of  any 
rights  of  property    or    otherwise,   or  liability,  which  may 
have  accrued  to,  or  been  created  by  said  corporation,  prior 
to  the  passage  of  this  act. 

Sec.  6.  No  person  shall  be  an  incompetent  judge,  justice,  citizens com- 

•j.  •  1  ^    ,  .       ,      .  .    ,      ,  .  petentas wit- 

witness  or  juror,  by  reason  ot  his    beinf]!;  an   inhabitant  or  n»^sses  or  ju- 

rors. 

freeholder  in  the  city  of  Chicago,  in  any  action  or  proceed- 
ing, in  which  the  said  city  shall  be  a  party  in  interest. 

Sec.  7.  All  officers  of  the  city,  created   conservators  of  ^o^ersofof- 

•^  licers  created 

the  p'.'ace,  by  this  act,  shall  have  power  to  arrest,  or  cause  of"thr''^'''^^ 
to  be  arrested,  with  or  without  process,  all  persons  who 
shall  break,  or  threaten  to  break  the  peace,  and,  if  necessary, 
detain  such  persons  in  custody  over  night,  in  the  watch- 
house,  or  other  safe  place ;  and  shall  have  and  exercise  such 
other  powers,  as  conservators  of  the  peace,  as  the  common 
council  may  prescribe. 

Sec.  8.  The    ccmi'tny    lots,  which  have  been,  or  may  cemete 


176  CITY   CHARTER. 


lots  exempt    hereafter  be  laid  out  and  sold,  by  said  city,  for  private 

from  execu-  >       *)  «/  '  i: 

tion.  j^laces  of  burial,  shall,  with  the  appurtenances,  forever  be 

exempt  from  execution  and  attachment. 
Recorder  Sec.  9.  It  shall  bc   lawful  for   the  recorder's  court,  to 

may  sen-  ,  -,        n 

tence  crimi-    sonteuce  Criminals,  convicted  of  offenses  committed  in  the 

nals  to  bride- 

^^11-  city  of  Chicago,  punishable  by  imprisonment  in  the  county 

jail,  to  imprisonment  in  the  city  bridewell,  to  be  there  kept 
at  labor. 

City  not  lia-        Sec.  10.  The  city  of  Chicago  shall  not  be  liable,  in  any 

ble  for  board  i  •     •!    n 

of  prisoners  casc,  for  the  board  or  jail  fees  of  any  person  who  may  be 
committed  by  any  officer  of  the  city,  or  by  any  court  or 
magistrate,  to  the  jail  of  Cook  county,  for  any  offense 
punishable  under  the  statutes  of  this  state.  ,jc 

City  not  re-        Sec.  11.  "When  in  any  suit,  the  city  of  Chicago  prays 

quii-edtofur-  ^  ''  '  "^  _  o       J.        «' 

^iSb^nd^&c  ^^  appeal  from  the  judgment  of  any  court  in  this  state,  to 
a  higher  court,  it  shall  not  be  required  to  furnish  an  appeal 
bond ;  nor  shall  any  affidavit  of  merits  be  required  of  said 
city,  in  any  suit  to  which  it  is  a  party  defendant,  to  entitle 
it  to  defend  the  same.  No  suit  shall  be  brought  against  the 
city,  except  in  a  court  of  record ;  nor  shall  any  writ  of 
execution  be  issued  for  the  collection  of  any  judgment  re- 
covered against  said  city. 
Printed  or-  Sec.  12.  All  Ordinances  of  the  city,  when  printed  and 
be^'rSved    published  by    authority    of  the  common  council,  shall  be 

received  in  all  courts  and  places,  without  further  proof. 
This  act  pub-       Sec.  13.  Tliis  act  shall  be  deemed  a  public  act,  and  may 
^'^'  be  read  in  evidence,  without  proof;  and  judicial  notice  shall 

be  taken  thereof,  in  all  courts  and  places. 
Wharfin<^  Sec.  14.  Nothing  in  this   act  contained,  shall  be  held  to 

privileges.  ^^^^^\  either  of  the  following  acts,  to  wit :  "  An  act  to  ad- 
just and  settle  the  title  to  the  wharfing  privileges  in  Chicago, 
and  for  other  purposes,"  approved  February  27th,  1845,  and 
"An  act  to  amend  an  act  entitled  'An  act  to  adjust  and 
settle  the  title  to  the  wharfing  privileges  in  Chicago,  and 
for  other  purposes,'  approved  February  27,  1847,  and  in 
relation  to  wharves  and  docks  in  said  city,"  approved  Feb- 


MISCELLANEOUS   AND    SUPPLEMENTARY.  177 

ruary  11th,  1853  ;  but  both  of  said  acts,  with  the  exception 
of  the  fifth  section  of  the  first  mentioned  act,  are  hereby 
ratified  and  continued  in  force. 

Sec.  15.  Sectionsixty-six  and  a  half  of  the  act  amendatory  ciaims»  com- 

•^  «'    missioners. 

of  the  city  charter,  approved  February  18th,  1861,  constitu- 
ting a  board  of  Claims'  Commissioners  in  and  for  said  city, 
is  hereby  repealed. 

Sec.  16.  All  aldermen  now  in  office,  and  whose  terms,  S'^Sidermin" 
by  virtue  of  previously  existing  laws,  will  not  expire  until 
the  year  1864,  shall  represent  in  the  common  council,  the 
respective  wards  in  which  they  reside,  as  the  same  are 
hereby  established,  to  the  end  of  the  term  for  which  they 
were  chosen  ;  but,  if,  in  any  case,  more  than  two  such  alder- 
men shall  happen  to  reside  in  the  same  ward,  two  of  them, 
to  be  designated  by  lot,  shall  retain  their  seats  as  above 
provided,  and  the  other  or  others  shall  retire  from  office  on 
the  first  Monday  of  May  next.  Two  aldermen  shall  be 
chosen,  at  the  next  annual  election,  in  each  of  said  wards 
which  would  not  otherwise  be  fully  represented  in  the  com- 
mon council ;  but  no  alderman  shall  be  then  chosen  in  any 
ward,  which,  by  virtue  of  the  provisions  of  this  section, 
will  be  fully  represented  in  the  common  council  during  the 
ensuing  municipal  year. 

Sec.  17.  One  commissioner  of  the  board  of  public  works,  Present  com- 

^  '   missioners  of 

shall  be  elected,  at  the  next  annual  election,  to  succeed  the  JXfc  works 
commissioner  whose  term  of  office  will  expire  on  the  first  condnu^'in' 
Monday  of  May   next.     That    one  of  the  other  two  com-  tiorof  fhSr 

successors 

missioners,  now  in  office,  having  the  shortest  term  to  serve, 
shall  continue  in  office  until  the  first  Monday  of  May,  1865, 
and  the  one  having  the  longest  term  to  serve,  shall  continue 
in  office  until  the  first  Monday  of  May,  1867,  at  which 
several  times  their  respective  terms  of  office  shall  expire. 
The  provisions  of  this  section  shall  also  extend  to  and  in- 
clude the  commissioners  of  the  board  of  police,  except  as 
to  the  time  of  their  continuance  in  office,  which  shall  be 
until  the  first  Monday  of  May  1864,  for  the  one  having  the 


178  CITY    CHARTER. 


elected  in 
May  to  suc- 
ceed those 
then  in  office 


shortest  term  to  serve,  and  until  the  first  Monday  in  May, 
1865,  for  the  one  having  the  longest  term  to  serve. 
Poiicejus-  Sec.  18.    Any  vacancy   now   existing  in   the  office  of 

tices  to  be  *»  t/  o 

police  justice,  or  which  may  occur  before  the  first  Monday 
of  May  next,  may  be  filled  in  the  manner  prescribed  by 
present  laws ;  but  the  police  justices  then  in  office,  shall 
hold   only  until   the    election    and   qualification  of    their 
successors. 
?eform8?hoof      ^^^'  ^^'  ^^®  ^^^  guardiaus  of  the  reform  school,  now 
SffiS'^^^'^  ^  ^^  office,  having  the  longest  term  to  serve,  shall  continue  in 
office  until  the  first  Monday  of  June,  1865  ;  the  two  guard- 
ians having  the  next  longest  term  to  serve,  shall  continue 
in  office  until  the  first  Monday  of  June,   1864 ;  the   other 
three  guardians   shall  continue  in  office  until  the  first  Mon- 
day of  June  next ;  at  which  several  times,  their  respective 
terms  of  office  shall  expire. 
ward'super-       Sec.  20.  The  supervisors  now  in  office,  who  were  elected 

visors.  ^  ' 

from  the  different  wards  of  the  city  of  Chicago,  as  they 
were  heretofore  constituted,  shall  continue  in  office  until 
the  expiration  of  the  term  for  which  they  were  chosen. 
At  all  future  elections  for  town  officers,  one  supervisor  shall 
be  elected  in  each  of  the  wards  of  said  city,  as  the  same 
are  hereby  established. 
Certain  town       Sec.  21.  The  officcs  of   ovcrsccr  of   the   poor,   commis- 

offices  abol-  ^  ' 

North  South  sio^^^     ^^    highways,   overseer  of    highways   and   pound 
Chicago!*      master,   in  and  for  the  towns  of  North   Chicago,    South 
Chicago  and  West  Chicago,  respectively,  are  hereby  abol- 
ished ;  and  hereafter,  the  town  clerk  of  neither  of  the  said 
towns  shall  receive  for  his  official  services,  a  compensation 
Tax  for  town  excecding  one  hundred  dollars  a  year  ;  nor  shall  it  here- 


purposes.  .  .         .   ,  ^ 

after  be  lawful  to  raise  a  tax  for  town  purposes,  m  either  of 
said  towns,  exceeding  one  thousand  dollars  a  year,  in  any 
one  year.  All  school  property,  and  all  other  public  prop- 
erty of  every  description,  in  the  towns  of  North  Chicago, 
Transfer  of     Soutli  Chicago  and  Wcst  Chicago,   shall   belonei;,  and  be 

town  proper-  °  . 

ty  to  city,      forthwith  transferred  to  the  city  of  Chicago.     All  moneys 


MISCELLANEOUS    AND    SUPPLEMENTARY.  179 

•in  the  hands  of  the  treasurer  of  Cook  county,  or  in  the 
hands  of  any  town  oflBcer  or  agent,  collected  or  raised  for 
school  purposes,  or  for  the  construction  or  repair  of  high- 
ways or  bridges,  in  either  of  said  towns,  including  money 
received  for  licenses,  and  all  such  moneys  as  shall  hereafter 
come  into  the  hands  of  said  treasurer,  or  other  officer,  shall 
be  paid  over  to  the  treasurer  of  the  city  of  Chicago ;  and 
said  moneys  shall  be  applied  by  said  city  to  the  purposes 
for  which  the  same  were  collected  or  raised. 

Sec.  22.  The  first  election  of  all  city  officers  to  be  chosen  J^clty  offi-"' 
by  the  people,  shall  be  held,  except  as  is  herein  otherwise  peopled 
provided,  on  the  third  Tuesday  of  April  next. 

Sec.  23.  This  act  shall  not  operate  or  be  construed,  to  J^pa^es  to 
extend  to  any  railroad  company  any  rights,  privileges  or  new^Vhta 
benefits,  which  they  do  not  now  possess  under  their  respec- 
tive acts  of  incorporation  or  existing  laws. 

Sec.  24.  Whenever  any  railroad  or  railway  company,  use  of  the 

./  ./  i        ./  /    railway 

which  has  been  heretofore,  or  may  hereafter  be  authorized  tracks  of  any 

'  J  company  in 

to  extend  its  railway  tracks  along  the  streets  and  alleys  and  auey?, 
and  across  the  waters  controlled  by  the  city,  within  the  companiea. 
limits  of  said  city,  shall  desire  to  use  the  track  or  tracks  of 
any  other  railroad  or  railway  company,  in  said  streets  and 
alleys  and  across  the  waters  controlled  by  said  city,  within 
said  limits,  for  the  passage  of  their  cars  and  engines,  and 
the  transaction  of  their  business,  or  either,  it  shall  be  law- 
ful for  such  company  to  apply,  by  petition,  to  the  judge  of 
the  circuit  court  of  Cook  county  for  such  leave ;  and  the 
owner  or  owners  of  such  track  or  tracks,  so  desired  to  be 
used,  having  been  first  notified  to  appear  and  answer  to 
such  petition,  it  shall  be  the  duty  of  said  court,  to  appoint 
three  commissioners,  to  determine  the  time  or  times,  mode, 
manner,  extent  and  rates,  at  which  such  track  or  tracks 
may  be  used  as  aforesaid  ;  and  the  said  commissioners  shall 
grant  a  certificate  to  the  party  or  parties  so  applying, 
setting  forth  in  such  certificate  their  decision ;  and  the 
party  applying  as    aforesaid,  acting  in  pursuance  of  said 


180  CITY    CHARTER. 


certificate,  shall  be  authorized  to  use  such  track  or  tracks 
in  compliance  with  such  certificate.  An  appeal  may  be 
taken,  by  either  party,  to  the  circuit  court  of  Cook  county, 
from  such  decision.  All  proceedings  in  said  court  and 
before  said  commissioners,  when  so  appointed,  shall  be  con- 
ducted in  the  manner  provided  for  the  condemnation  of 
rights  of  way,  in  an  act  to  amend  an  act  entitled  "An 
Act  to  amend  the  law  condemning  right  of  way  for  purpose 
of  internal  improvement,"  approved  June  22d,  A.  D.,  1852, 
and  the  amendments  thereto.  The  provisions  of  this  sec- 
tion shall  not  authorize  the  use  of  the  railway  track  of  any 
party,  for  the  running  of  the  regular  trains  of  another 
party,  or  in  such  manner  as  in  any  way  to  interfere  with 
the  running  of  the  regular  trains,  or  materially  with  the 
general  business  of  the  party  owning  such  railway  track ; 
and  such  use  of  such  railway  track,  and  the  cars  and  en- 
gines passing  over  the  same,  shall  be  under  the  exclusive 
direction  and  control  of  the  superintendent  of  the  railway, 
the  track  of  which  is  so  used,  and  shall  be  limited  to  the 
railway  tracks  laid  down  in,  along  and  over  the  streets, 
alleys  and  waters  of  said  city,  as  hereinbefore  stated. 
Whenever,  by  the  use  of  any  such  track,  under  any  decision 
made  as  above  specified,  either  party  shall  deem  the  terms 
of  said  use  unjust  or  inequitable,  or  to  require  revision,  he 
or  they  may  have  a  re-adjustment  of  the  same,  upon  appli- 
cation and  hearing  in  the  manner  herein  above  provided. 
^ffect*from         Sec.  25.  This  act  shall   take  effect  from  and   after  its 


its  passage. 


passage. 

Approved  February  13,  1863. 


INDEX. 


ACCOUNTS  against  tlio  city,  liow  audited,  40,  41,  C4, 119, 139, 151. 
ACTING  MAYOR,  -wbeu  and  liow  appointed,  17,  IS. 
ACTIONS  by  city  in  police  court,  how  brought,  125. 

ALDERMEN,  to  compose,  with  the  mayor,  the  common  council,  7,-5. 

election  of,  9. 

to  be  divided  into  classes,  9. 

vacancies,  how  created  and  filled,  9, 10. 

not  to  be  taken  as  sureties,  on  obligations  made  to  city,  14. 

to  receive  no  compensation,  hold  no  lucrative  office,  or  be  interested  in  city  contracts,  25. 

ex-officto  fire  wardens  and  conservators  of  the  peace,  18. 

exempted  from  jury  and  military  duty,  18,  132. 

first  election  of,  under  revised  charter,  177. 
See  Common  Council. 
ALLEYS.    See  Streets. 

AMUSEMENTS,  power  to  license,  regulate  and  prohilut,  2S,  30.  31. 

ANIMALS,  power  to  punish  abuse  of,  30. 

ANNUAL  ESTIMATES  of  city  expenses,  to  be  niaile  by  comptrollLn-,  42.  43. 

of  expense  of  repairs  and  improvements,  to  be  made  liy  board  o  f  public  works.  64. 

of  police  expenses,  to  be  made  by  police  commissioners,  118. 

of  expenses  of  reform  school,  to  be  made  by  board  of  guardians,  151. 

of  sums  required  to  be  raised  for  use  of  water  works,  to  be  made  by  board  of  public  works,  1G2. 

of  sums  required  to  be  raised  for  sewerage  works,  to  be  made  by  board  of  public  works,  170, 171. 

ANNUAL  REPORTS,  to  be  made  by  comptroller,  42,  52. 
to  be  made  by  treasurer,  45. 
to  be  made  by  collector,  4(3. 

to  be  made  by  board  of  public  works,  58, 162, 172. 
to  bo  made  by  police  commissioners,  120. 
to  be  made  bj-  board  of  education,  140. 
to  be  made  by  superintendent  of  schixils,  141. 
to  be  made  by  bi>ard  of  guardians,  144. 

APPEALS  from  assessments  for  condemnation  of  real  estate.  73,  74. 
from  other  assessments,  not  permitted,  78. 
from  police  commissioners,  110,  111. 
from  police  court,  125. 
when  taken  by  city  to  an  appellate  court,  no  bond  required,  176. 


184  •  INDEX. 


APPROPRIATIONS,  by  common  council,  when  to  be  made,  49. 

vote  to  be  taken  by  yeas  and  nays,  26. 

separate  accounts  with  each,  to  be  kept  by  treasurer,  44. 
ARDENT  SPIRITS,  power  to  regulate  sale  of,  27. 

AREA  WALLS,  power  to  construct,  67. 
mode  of  procedui-e,  67,  68,  76-78. 

ARMORIES,  superintendence  of,  58.  '     , 

ASHES,  power  to  regulate  the  deposit  of,  130. 

ASSESSMENTS,  special,  provisions  concerning,  66-86. 

to  be  made  by  board  of  public  works,  60. 

commissioners  to  be  sworn  in  all  cases,  69,  77. 

commissioners  not  to  serve  when  interested,  83. 

maj'or  not  to  act  as  commissioner,  17, 60. 

special  commissioner,  how  appointed,  83. 

for  what  to  be  levied,  67. 

to  be  ordered  only  by  a  three-fourths'  vote  in  certain  cases,  to  be  taken  by  ayes  and  noes,  68. 

moneys  collected  on,  to  be  held  as  special  funds,  45. 

surplus  monej's  raised  bj',  to  be  refunded,  82. 

for  condemnation  of  real  estate,  69-76. 

for  widening  river  may  include  exjiense  of  excavation,  69. 

application  for  confirmatiou  of,  how  and  when  made,  72,  73. 
confirmation  of,  when  final  and  conclusive,  73, 77,  78. 

appeal  from  confirmation,  73,  74. 

when  annulled  or  set  aside,  another  to  be  made,  73,  78. 
for  deepening  and  di-edging  the  river,  76. 

for.improvement  of  streets,  76,  77. 
for  sidewalks  and  drains,  78,  79. 
for  erection  of  lamp  posts,  80,  81. 
for  removal  of  nuLsances,  81. 

on  railway  companies,  how  levied  and  collected,  77. 

to  be  borne  and  paid  by  owners  of  real  estate,  81 ;  if  paid  by  tenants,  theyjmay  recover  o  f  owners,  81. 
appointment  of  guardians  for  infant  owners,  81,  82. 
when  proceedings  may  be  reviewed  on  certiorari,  82. 
formal  defects  not  to  invalidate,  98,  105. 
when  first  insufficient,  a  second  may  be  levied,  82. 
on  failure  to  collect,  new  assessment  may  be  made,  82,  83. 
a  lien  for  five  years,  83. 
for  widening  Michigan  Avenue,  85. 
Collection  of,  95-105. 
warrants,  when  and  how  issued,  73,  95. 
warrants  to  be  delivered  to  collector,  95. 
proceedings  by  collector,  95,  96. 
damages,  when  collectible,  97. 

application  for  judgment  against  delinquent  property,  97. 
proceedings  thereon,  98,  99. 
costs  to  be  taxed,  99. 
form  of  judgment,  99. 
process  of  sale,  99. 

sale  of  real  estate,  how  conducted,  100, 101. 
when  sales  to  be  made,  104. 
certificates  of  sales,  100,  101,  102. 
redemption  from^sales,  101, 102, 105. 
deeds,  when  and  how  issued,  102,  105. 
effect  of  deeds  in  evidence,  102, 104. 
Water  Assessments,  157-161.    See  Water  Wm-ks. 


INDEX.  185 


ASSESSMENT  ROLLS  in  condemnation  proceedings,  how  made  and  returned,  70-73. 
revision  and  confirmation  of,  73. 
objectionrt  to.  when  to  be  filed,  70. 
for  deepening  the  river,  76. 
for  improving  streets,  77. 

for  construction  and  repair  of  side-walks,  78-80. 
for  erection  of  lamp  posts,  80,  81. 
for  removal  of  nuisances,  81.   < 

ASSESSORS,  board  of,  how  composed,  12. 
how  and  when  appointed,  12. 
qualifications  of,  12. 
duties,  powers  and  liabilities  o^  19. 

appraisal  of  property  by,  for  taxation,  when  to  be  completed  and  filed,  92, 9.3. 
to  give  notice  of  time  and  place  to  hear  objections,  93. 
power  to  revise  appraisal,  93. 
to  supervise  preparation  of  tax  lists.  93,  94. 
penalty  for  neglect  or  violation  of  duty,  104. 

ATTORNEY.    See  City  Attorney. 

AUCTIONEERS,  power  to  tax,  license  and  regulate,  28. 

AUDITOR,  power  to  provide  for  appointment  of,  53,  54. 
general  duties  of,  defined,  54. 


BALL,  plajing  of,  power  to  prevent  and  regulate,  30,  31. 

BALL  ALLEYS,  power  to  tax,  license,  regulate  and  suppress,  28. 

BARNS,  power  to  regulate  and  remove,  29,  :34. 

Iightj5  in,  power  to  regulate  the  use  of,  30. 

BATHING,  power  to  regulate,  30. 

BEEF,  power  to  regulate  inspection  of,  32. 

BEGGARS,  power  to  restrain  and  punish,  30. 

BELLMEN,  how  appointed  and  removed,  12. 

number  of,  to  be  determined  by  common  council,  8. 

BILLIARD  TABLES,  power  to  tax,  license,  regulate  and  suppress,  28. 

BILLS'  OF  MORTALITY,  power  to  direct  the  keeping  of,  31. 
duties  of  board  of  police,  concerning.  121. 

BIRTHS,  power  to  regulate  registration  of;  31. 

BOARD  OF  ASSESSORS.    See  Assessors. 

BOARD  OF  CLAIMS'  COMMISSIONERS,  abolished,  177. 

BOARD  OF  EDUCATION.    See  Schooh. 

BOARD  OF  GUARDIANS,    See  Reform  Scho 


186  INDEX. 

BOARD  OF  HEALTH,  121-123.    See  Police. 

ROARD  OF  POLICE,  106-123.    See  Police. 

BOARD  OF  PUBLIC  WORKS,  55-65.    See  Public  Works. 

BOATS  AND  VESSELS,  in  tlie  harbor,  power  to  regulate,  34, 
sanitary  provisions  concerning,  122, 123. 

BONDS.    See  City  Bonds,  also  Official  Bonds. 
BOUNDARIES  of  city,  defined,  4. 

BREAD,  power  to  regulate  the  weight  and  sale  of,  32. 

BREWERIES,  power  to  direct  location  of,  29 ;  power  to  regulate  and  license,  29. 
Brewers,  power  to  tax,  license  and  regulate,  28. 

BRIDEWELL,  keeper  of,  how  appointed  and  removed,  12,  33. 
power  to  establish,  33. 
who  may  be  confined  in,  33,  36, 125, 176. 
prisoners  may  be  kept  at  labor,  33. 
power  to  release  from,  126. 

power  to  purchase  gi'ounds  and  erect  buildings  for,  51,  52. 
authority  to  issue  bonds  for,  51  52. 

BRIDGES,  power  to  require  railroad  companies  to  construct,  at  railroad  crossings,  32,  33. 
power  to  erect,  33. 
power  to  regulate,  34. 

board  of  public  works  to  have  special  charge  of,  58. 
expense  of  constructing,  how  paid,  84. 
may  be  constructed  by  private  persons,  84. 
penalty  for  injuring,  84, 85. 

BRIDGE  TENDERS,  how  appointed  and  removed,  12. 

number  of,  may  be  determined  by  common  council.  8. 

BUILDINGS,  permits  for  raising  and  moving,  59. 

mat  erials  for,  not  to  be  placed  in  streets  without  permit,  59. 
not  to  be  built  of  wood  within  fire  limits,  60, 130. 
damages  to,  in  opening  streets,  71, 72. 

BURIAL  OF  THE  DEAD,  power  to  regulate,  31. 

BUTCHERS,  power  to  license  and  regulate,  29. 


CABMEN,  power  to  license  and  regulate,  28. 
CANAL  LANDS,  power  to  tax  improvements  on,  89. 
CARAVANS,  power  to  prohibit,  license  and  regulate,  28. 
CARMEN,  power  to  license  and  regulate,  28. 
CARTERS,  power  to  license  and  regulate,  28. 


INDEX.  187 


CATTLE,  running  at  large,  power  to  restrain,  30. 
power  to  distrain  and  impound,  30. 

CELLARS,  power  to  cleanso,  29. 

power  to  till  up  and  drain,  34. 

CEMETERIES  boyoud  city  limits,  jjower  to  establish  and  regulate,  36,  37. 
placed  under  superintendence  of  board  of  puidic  works,  37. 
sale  of  lots,  37. 

lots  exempt  from  execution,  37, 175, 176. 
grounds  exempt  from  taxation,  37. 

CERTIORARI  in  special  assessment  proceedings,  when  writ  may  be  issued,  82. 

CESS-POOLS,  construction  of,  power  to  regulate,  168 . 

CIRCUS,  power  to  prohibit,  license  and  regulate,  28. 

CISTERNS,  power  to  regulate,  32. 

CITY  ATTORNEY,  election  of  and  term  of  office,  8,  9. 
duties  of,  18, 19. 

CITY  BONDS  to  pay  lloating  debt,  power  to  issue,  50,  61. 

power  to  complete  the  issue  of  certain  bonds  heretofore  authorized,  51,  155,  168. 

for  house  of  correction,  power  to  issue,  51,  52. 

to  meet  those  falling  due,  power  to  issue,  52, 157, 170. 

power  to  issue  water-loan  bonds  to  amount  of  $500,000,  155,  156. 

power  to  issue  sewei-age  bonds  to  amount  of  $500,000, 168, 169. 

list  of  all  bonds  outstanding  to  be  kept  by  comptroller,  52,  157, 170. 

no  bonds  to  be  issued,  iinless  specially  authorized  by  city  charter,  53. 

interest  on  how  provided  and  paid,  51,  52,  157, 103, 170, 172. 

sinking  fund  provisions,  88, 171, 172, 173. 

I)ower  to  piu-chase  outstanding  bonds,  157, 162,  170. 

CITY  CHARTER,  declared  a  public  act,  176. 

construction  and  eflect  of,  175,  176, 179. 
to  take  ettect  from  its  passage,  180. 

CITY  CLERK,  how  appointed,  12. 
term  of  office,  12. 
duties  of,  18. 

to  publish  notice  of  elections,  8. 
to  notify  officers  of  their  election  or  appointment,  15. 
to  have  custody  of  official  bonds  and  oaths,  13, 16. 
power  to  administer  oaths,  18. 

to  furnish  schedules  of  taxable  real  estate  to  assessors,  92. 
to  prepare  the  tax  lists,  93,  04. 
to  compute  the  taxes,  94. 

to  issue  tax  and  assessment  warrants,  94,  95, 159. 
to  register  the  names  of  firemen,  132. 

CITY  ENGINEER,  how  appointed,  56. 
powei"s  and  duties  of,  56. 

CITY  GOVERNMENT,  vested  in  common  council,  7,  26. 
officers  of,  7, 8. 

CITY  LIMITS  defined,  4. 


188  INDEX. 


CITY  OF  CHICAGO,  Incorporated,  3,  4. 
general  corporate  powers,  4. 
limits  and  jurisdiction,  4. 
three  divisions  established,  4. 
diTision  into  wards,  4^6. 
government  of,  in  whom  vested,  7. 

inhabitants  competent  as  jurors  or  witnesses  in  city  actions,  175. 
vested  rights  preserved,  175. 

not  liable  for  board  of  prisoners  in  county  jail,  176. 
not  required  to  furnish  appeal  bond  in  any  suit,  176. 
not  required  to  furnish  aflfldavit  of  merits  in  any  action,  176. 
suits  against,  to  be  brought  only  in  courts  of  record,  176. 
execution  not  to  be  issued  against,  176. 

CITY  PHYSICIAN,  how  appointed,  12. 
duties  of,  22. 

COAL,  weighing  and  sale  of,  power  to  regulate,  32. 

COLLECTOR,  election  of,  8. 
term  of  oflBce,  9. 
to  give  bond,  22,  47. 

an  officer  of  treasm-y  department,  38,  39. 
duties  of,  46. 

official  books  and  papers  subject  to  examination,  46. 
to  pay  over  daily  all  moneys  collected,  46, 47. 
treasurer's  receipts  to  be  filed  with  comptroller,  46. 
weekly  reports  of  money  collected  to  be  made  to  comptroller,  46. 
annual  statement  to  be  made  to  common  council,  46. 
removable  for  misconduct,  47. 

settlement  with  comptroller,  controversies,  how  decided,  48. 
power  to  appoint  clerks,  48. 

provisions  respecting  the  safe  keeping  of  public  moneys,  47,  48. 
may  be  required  to  perform  other  duties,  48. 
embezzlement  by,  how  punished,  48,  49. 

to  give  notice  of  all  tax  and  assessment  warrants  issued  for  collection,  95. 
special  provisions  respecting  collection  of  personal  property  tax,  95,  96. 
damages  on  unpaid  taxes  and  assessments,  when  collectible,  96,  97. 
power  to  levy  on  personal  property,  96. 

application  for  judgment  against  delinquent  real  estate,  when  and  how  made,  97. 
power  to  sell  real  estate,  99, 100. 
notice  of  sale,  how  given,  100. 
mode  of  conducting  sale,  100, 101. 
precept  to  be  returned,  101. 
to  grant  certificates  to  purchasers,  100. 
penalty  for  wrongful  sale,  47. 
penalty  for  willful  neglect  of  duty,  104. 
successor  in  oflBce  may  complete  unfinished  proceedings,  104. 
provisions  respecting  collection  of  warrants  for  water  assessments,  159, 160. 

COLLECTION  OF  TAXES  AND  ASSESSMENTS.  92-105. 
See  Taxts^  also  Assessments. 

COMBUSTIBLE  SUBSTANCES,  keeping  and  conveying  of,  power  to  regulate,  29,  30. 
COMMISSIONS  to  city  officers,  by  whom  issued,  23. 
COMMON  COUNCIL,  general  powers  and  duties  of,  25-37. 

of  whom  composed,  7,  25. 

uiay  divide  wards  into  election  districts,  8. 


INDEX.  189 


COMMON  COUNCIL.    {Cknitinued.) 

may  establish  new  offices,  8. 

may  order  election  of  aldornian  to  fill  vacancy,  9. 

may  increase  number  of  assessors,  12. 

to  ajipoint  inspectors  of  election,  12. 

power  to  remove  city  officers,  12, 13. 

may  fill  vacancies  in  certain  offices,  13. 

power  to  regulate  elections,  14. 

to  canvass  election  returns,  15. 

may  ajipoint  presiding  officer  in  absence  of  mayor,  2.5. 

to  appoint  acting  mayor  in  case  of  vacancy,  17,  18, 

acts  piissed  by,  to  be  approved  by  mayor,  17. 

to  reconsider  acts  vetoed  by  mayor,  17. 

members  to  be  fire  wardens  and  conservators  of  the  peace,  18. 

members  exempt  from  military  and  jury  duty,  18,  132. 

proceedings  to  be  recorded  by  clerk,  IS. 

may  define  duties  of  officers,  22. 

may  require  officers  to  give  bonds,  22. 

to  approve  certain  official  bonds,  22. 

to  designate  corporation  newspaper,  23. 

may  establish  officers'  salaries,  24. 

may  provide  for  removal  of  officers  for  taking  illegal  fees,  23,  24. 

may  provide  additional  salary  for  recorder,  24. 

meetings,  when  to  be  held,  25. 

quorum,  how  constituted,  25. 

members  to  receive  no  compensation,  25. 

members  not  eligible  to  salaried  office,  25. 

members  not  to  be  interested  in  contracts  with  city,  25. 

special  meetings,  how  called.  25,  20. 

shall  establish  its  own  rules,  26. 

to  judge  of  the  election  of  members,  26. 

may  compel  the  attendance  of  absent  members,  26. 

ordinances  and  petitions  to  be  referred  to  committees.  26. 

reports  of  committees  to  be  deferred  and  published  on  request  of  two  members,  26. 

power  to  rescind  or  reconsider  measures  at  special  meetings  limited,  26. 

may  require  reports  from  city  officers,  26. 

vote  to  raise  or  appropriate  money,  to  be  taken  by  yeas  and  nays,  26. 

general  powers  of,  26-36. 

power  to  establish  and  regulate  cemetery  giounds.  36,  37. 

may  remove  treasurer  for  misconduct.  45. 

may  establish  place  of  deposit  for  city  moneys,  44. 

power  to  authorize  e.xpemlitures,  limited,  50. 

may  direct  comptroller  to  borrow  money  for  repairs,  in  case  of  necessity,  50. 

may  authorize  the  issue  of  city  bonds  for  certain  purposes,  51,  52, 155,  156, 168, 169. 

to  raise  annual  tax  tor  payment  of  interest  on  funded  debt,  51. 

to  levy  tax  for  sinking  fund,  8S. 

may  provide  for  appointment  of  city  auditor,  5.3,  54. 

power  to  regulate  employment  of  agents  by  board  of  public  works,  58. 

may  assign  additional  duties  to  board  of  public  works,  89. 

power  to  regulate  erection  of  frame  buildings  within  fire  limits.  60,  130. 

may  prescribe  fees  for  permits  issued  by  board  of  public  works,  60. 

power  to  regulate  the  moving  of  buildings  through  the  streets,  59. 

power  to  authorize  contracts  by  board  of  public  works,  without  advertising  for  bids,  62,  63. 

to  levy  tax  to  p;vy  for  necessary  repairs  and  improvements,  64. 

power  to  lay  out,  widen  and  discontinue  streets  and  alleys,  66. 

power  to  purchase  lay  out  and  iijiprove  parks  and  public  grounds,  66,  67. 

power  to  improve  streets,  67. 


190  INDEX. 

COMMON  COUNCIL.    (Continued.) 

power  to  widen  and  deepen  the  river,  67. 

power  to  erect  and  construct  sidewalks,  area  walls,  lamp  posts  and  drains,  67. 

power  to  make  wharves  a3d  slips  at  ends  of  streets,  66. 

to  refer  petitions  for  public  improvements  to  board  of  public  works,  67. 

may  direct  improvements  after  reports  from  board  of  public  works,  68. 

three-fourths'  vote  required  for  improvements  in  certain  cases,  68 ;  ayes  and  noes  to  ba  taken,  68 

power  to  revise  and  confirm  assessments,  73,  77,  78,  79,  81. 

may  levy  new  assessments  in  certain  cases,  82,  83. 

power  to  widen  Michigan  Avenue,  85. 

power  to  levy  and  collect  taxes,  87,  88 ;   when  to  be  levied,  94. 

to  levy  tax  for  police  expenses,  118. 

may  require  information  respecting  books  and  accounts  of  police  commissioners,  119. 

power  to  make  quarantine  regulations,  123. 

power  to  assign  additional  duties  to  board  of  health,  123. 

power  to  remit  penalties  imposed  by  pohce  court,  125. 

may  authorize  appointment  of  deputy  clerks  in  police  court,  126. 

may  provide  for  appointment  of  prosecuting  attorney,  in  police  court,  129. 

power  to  establish  fire  limits,  130 . 

general  powers  for  prevention  of  fires,  130, 131. 

power  in  relation  to  school  lands  and  fund,  134, 135, 136. 

power  to  estabUsh  and  maintain  schools,  135, 137, 138. 

power  to  purchase  land  a  nd  erect  buildings  for  reform  school,  1-43. 

shall  establish  penalties  for  violating  regulations  concerning  use  of  water,  161. 

to  raise  annual  tax  for  support  of  water  works,  162. 

shall  establish  penalties  for  violating  regulations  concerning  sewers,  173. 

to  raise  annual  tax  for  sewerage  purposes,  171. 

COMMUNICATIONS  to  common  council,  to  be  referred  to  committees,  26. 

COMPTKOLLER,  how  appointed,  39. 

removable  at  pleasure  of  mayor  and  common  council,  39. 

a  member  of  board  of  guardians,  11, 1-43, 

to  give  bond,  22,  39. 

may  give  directions  respecting  the  law  business  of  the  city,  18. 

to  have  charge  of  the  sale  of  cemetery  lots,  37. 

chief  of  treasury  department,  39. 

books  to  be  kept  by,  39. 

official  books  and  papers  subject  to  examination  by  mayor  and  common  council,  39,  40. 

general  powers  and  duties  of,  40. 

to  audit  claims  against  city,  40. 

may  examine  claimants  under  oath,  40,  41. 

to  draw  all  warrants  on  treasurer,  41,  44,  64, 119, 137, 151. 

to  charge  receiving  officers  with  moneys  collected,  41. 

to  countersign  tax  and  assessment  warrants,  41. 

power  to  require  reports  from  revenue  officers,  41. 

to  report  defaulting  officers  to  mayor  for  removal,  42. 

to  publish  annual  financial  statement,  42,  52.  , 

to  submit  to  common  council  an  annual  estimate  of  city  expenses,  42,  43. 

to  prepare  and  publish  monthly  statements  of  receipts  and  expenditures,  43. 

adjustment  of  accounts  with  treasurer  and  collector,  controversies,  how  decided,  48. 

power  to  appoint  clerks,  48. 

may  be  required  to  perform  additional  duties,  48. 

power  to  sell  and  negotiate  city  bonds,  50, 155, 169. 

shall  keep  a  list  of  outstanding  city  bonds,  52, 157, 170. 

duty  respecting  payment  of  interest  on  funded  debt,  40, 52, 157, 163, 170, 172. 

may  be  authorized  to  borrow  from  certain  funds  tp.  meet  demands  on  another,  53. 


INDEX.  191 

COMPTROLLER.    (Continued.) 

to  sign  tax  and  special  assessment  warranto,  9i,  95 

to  deliver  tax  and  and  special  assessment  warrants  to  collector,  94,  95. 

to  keep  a  record  of  tax  and  assessment  sales,  101. 

may  cancel  erroneous  sales,  102. 

to  record  redemptions  from  ta.\  and  assessment  sales,  101, 102. 

to  keep  a  memorandum  of  tax  and  assessment  deeds  issued,  102. 

to  act  in  place  of  collector  in  case  of  vacancy,  104. 

to  pay  witnesses  for  city  in  police  court,  127. 

to  require  police-court  clerk  to  make  reports  and  pay  f>ver  moneys,  128. 

power  to  purchase  outstanding  city  bonds,  88,  157,  170,  171. 

CONCERTS,  power  to  prohibit,  license  and  regulate,  28. 

CONDEMNATION  OF  REAL  ESTATE,  mode  of  procednre,  66-70. 
assessments  for,  how  made,  69-76. 
when  condemnation  effectual,  74. 
payment  of  damages,  74,  75. 
proceedings  to  be  recorded,  76. 
possession,  when  to  be  taken  by  city,  75. 
contracts  and  leases  discharged  by,  75. 
condemnation  and  sale  of  buildings,  71,  72. 
appeal  from  confirmation  of  assessment,  73,  74. 

CONSERVATORS  OF  THE  PEACE,  who  constitute,  18. 
powers  of,  defined,  175. 

CONSTABLES,  how  chosen,  9. 

power  of  appointing  additional,  7. 

to  give  bond,  21,  22.  ^ 

not  to  serve  process  beyond  city,  22. 

power  to  serve  process  beyond  city  for  violation  of  cemetery  regulations^  37. 

CONTRACTS  with  city,  municipal  officers  not  to  be  interested  in,  24,  25,  53,  63. 

not  to  be  made  by  city,  unless  appropriation  has  been  been  made  for  expense,  53. 

by  board  of  public  works,  how  made,  60,  61,  62,  63. 

for  public  work,  to  be  filed  with  comptroller,  61. 

payable  from  special  assessments,  how  let,  62. 

for  supplies  and  materials,  how  made,  62. 

for  sewerage  or  water  works,  shall  specify  that  they  are  for  such  works,  64. 

CONTRACTORS,  to  give  a  guaranty  to  city,  61. 

may  receive  estimates  as  work  progresses,  61,  62. 

to  have  no  lien  on  city,  when  payable  from  proceeds  of  special  assessments,  unless  the  assessment 
is  collected,  62. 

CORPORATION  NEWSPAPER,  how  designated,  23. 

what  to  be  published  in,  23,  26,  42,  43,  60,  69,  71, 72,  73,  75,  77,  78,  93,  95,  96,  97,  100,  158, 174. 

CORPORATE  PROPERTY,  to  be  transferred  by  retiring  officers  to  theii-  successors,  23. 
penalty  for  willful  injury  to,  84, 163, 173. 
in  whom  vested,  175. 

COUNSEL  TO  THE  CORPORATION,  how  appointed,  12. 
term  of  office,  12. 
duties  of,  18, 19. 

COURTS.    See  Police  a>urt. 


192  INDEX. 


CROSS-WALKS,  power  to  construct,  67. 
expense  of,  how  paid,  84. 


DEATHS,  registration  of,  power  to  regulate,  31. 

DEEDS  for  taxes  and  assessments,  when  and  how  issued,  102. 
of  what  prima  facie  evidence,  102,  103. 
of  what  conclusive  evidence,  103. 
proof  required  to  defeat,  103. 
not  to  be  questioned,  unless  redemption  money  has  been  tendered,  103, 104. 

DEFAULTERS,  not  eligible  to  office,  14. 

to  be  reported  to  mayor  for  removal,  42. 

DISEASE,  contagious,  power  to  make  regulations  concerning,  31,  35. 

DISORDERLY  ASSEMBLAGES,  power  to  prevent,  29. 

DISORDERLY  HOUSES,  power  to  restrain  and  suppress,  29. 

DISPENSARIES,  power  to  establish,  35. 

DISTILLERIES,  power  to  direct  location  of,  29. 

power  to  prohibit,  license  and  regulate,  29. 

DISTILLERS,  power  to  tax,  license  and  regulate,  28. 

DISTURBANCES,  power  to  prevent,  29. 

DIVISIONS  of  city,  defined,  4. 

DOCKS,  encumbering  of,  power  to  prevent,  30. 
superintendence  of,  58. 

DOGS,  power  to  tax,  restrain,  and  destroy,  30. 

DRAINS,  power  to  cleanse  and  regulate,  34,  35. 
power  to  construct,  67, 167, 168. 
mode  of  procedure,  67,  68,  78,  79. 

DRAYMEN,  power  to  license  and  regulate,  28. 


ELECTION  DISTRICTS,  wards  to  be  divided  into,  8. 

ELECTIONS,  municipal,  when  to  be  held,  8, 179. 
notice  of,  how  given,  8. 
special,  provisions  concei'ning,  8. 
determined  by  plurality  vote,  9. 
officers  to  be  elected,  8. 
of  aldermen  and  constables,  9. 
in  case  of  tie,  how  determined,  10, 


INDEX.  193 


ELECTIONS.    {Omtinued.) 

of  commissioners  of  public  works,  10, 177. 
of  police  commissioners,  10,  177. 
inspectors  of,  liow  appointed,  12. 
manner  of  conducting,  14, 15. 
manner  of  contesting,  14. 
power  to  regulate,  14. 
returns  of,  15. 

ELIGIBILITY  TO  OFFICE,  14. 

EMBEZZLEMENT,  by  revenue  oflBcers,  how  punished,  48,  49. 
by  commissioners  of  public  works,  how  punished,  65. 

ENGINEERS  OP  FIRE  DEPARTMENT,  how  elected,  8. 

term  of  office,  8,  9. 

duties  of,  131, 132. 
ENGINE  HOUSES,  superintendence  of,  58. 
EVIDENCE,  of  official  papers  and  proceedinga,  18. 

of  tax  sales,  101, 102. 

tax  lists  conclusive,  as  to  amount  assessed,  94. 

of  publication  of  ordinances,  174. 

ordinances  when  to  be  received  as,  176. 

EVIDENCES  OP  DEBT,  not  to  be  issued,  unless  expressly  authorized  by  charter,  53. 
EXECUTION,  on  judgments  in  police  court,  when  and  how  issued,  125. 
not  to  be  issued  against  city,  176. 

EXHIBITIONS,  power  to  prohibit,  license  and  regulate,  28. 

EXPENDITURES,  not  to  exceed  amount  provided  in  annual  appropriation  bUl,  50. 
for  improvements  payable  from  general  fund,  limited,  50. 
by  police  commissioners,  limited,  119. 
See  Receipts  ami  Expenditures. 


FEES,  of  fish  inspector,  20. 
for  licences,  28. 

of  inspectors,  weighers,  and  gangers,  power  to  prescribe,  32. 
for  permits,  60. 

received  by  salaried  officers  to  be  paid  into  city  treasury',  24. 
of  police  justices,  to  be  paid  into  city  treasurj',  126. 
not  to  be  received  by  members  of  police  force,  109,  110. 

FERRIES,  power  to  regulate  and  license,  32. 

FINANCE  COMMITTEE,  to  examine  and  pass  upon  doubtful  claims,  41. 
to  examine  annually  all  warrants  paid  by  treasurer,  45. 
to  examine  collector's  books  and  vouchers,  46. 

to  examine  and  compare  annual  reports  of  comptroller,  treasurer  and  collector,  47. 
to  adjust  accounts  between  officers  of  treasury  department,  48. 
power  to  authorize  the  borrowing  of  money,  50. 
power  to  authorize  issue  of  bonds,  50,  51. 
power  to  authorize  issue  of  drafts  on  treasurer,  52. 
may  authorize  comptroller  to  borrow  from  one  fund  to  meet  demands  on  another,  53. 


194  INDEX. 


FINANCE  COMMITTEE.    {Continued. 

accounts  of  board  of  public  works,  subject  to  inspection  of,  65. 

FINANCES,  of  corporation,  general  control  of,  26. 
comptroller  to  have  supervision  over,  40. 
annual  statement  of,  to  be  published,  42. 

temporary  loans  authorized  in  certain  cases,  50,   how  provided  for,  50, 
bonds  authorized  to  be  issued,  50-52,  155, 156, 168-170. 
power  to  borrow  money  to  pay  interest  on  bonded  debt,  52, 163, 172. 
interest  on  bonded  debt  to  be  raised  by  annual  tax,  51. 
sinking  fund  for  general  bonded  debt,  88. 
power  to  levy  and  collect  taxes,  87-91. 
sinking  fund  for  sewerage  debt,  171-173. 

FINES,  power  to  enforce  ordinances  by,  36. 

imposed  by  police  court,  power  to  remit,  125. 

FIRE  DEPARTMENT,  130-133. 

engineers  of,  how  elected,  8. 

power  to  make  regulations  for  prevention  of  fires,  130,  131. 

power  to  purchase  fire  engines  and  apparatus,  131. 

power  to  appoint  firemen,  131. 

duties  of  engineers,  131, 132. 

power  to  appoint  fire  marshal,  132. 

firemen  exempted  from  military  and  jury  duty,  132. 

firemen  to  be  registered  by  city  clei-k,  132. 

fire-insurance  rates,  how  appropriated,  90,  91. 

fund  for  relief  of  disabled  firemen,  132,  133. 

fire-telegraph  fund,  133. 

power  to  construct  hydrants  to  extinguish  fires,  153. 

FIRE  LIMITS,  power  to  establish,  130. 

permits  to  erect  frame  buildings  within,  60. 

# 
FIRE  MARSHAL,  power  to  provide  for  appointment  of,  132. 

duties  of,  132. 

FIRE  WARDENS,  18,  132. 

FIRE  WORKS,  power  to  prevent,  131. 

FISCAL  YEAR,  when  to  commence,  49. 

FISH,  inspection  of,  19-21. 

power  to  regulate  sale  of,  32. 

FISH  INSPECTOR,  how  appointed,  12. 
term  of  ofiBce,  12. 
duties,  powers  and  liabilities  of,  19-21.  ^ 

FLOATING  DEBT,  power  to  issue  bonds  for,  50,  51. 

FLOUR,  power  to  regulate  inspection  of,  32. 

FORESTALLING,  power  to  prevent  and  punish,  27,  29. 

FRAUDULENT  PRACTICES,  power  to  restrain,  27. 

FUND,  separate  amounts  of  each,  to  be  kept  by  treasurer,  44. 

power  to  use  moneys  of  one,  to  meet  demands  upon  another,  53. 


INDEX.  *  195 


FUNDED  DEBT,  interest  on,  to  be  raised  by  annual  tax,  51, 
power  to  borrow  money  to  pay  interest  on,  52. 
sinking  fund  for,  88. 


GAMING,  power  to  restrain  and  punish,  27,  35,  36, 113. 
power  to  destroy  inHtrumonts  used  in,  29, 113. 

GAS  PIPES,  power  to  regulate  the  laying  of,  in  public  streets,  59. 

GAUOERS,  power  to  appoint,  32. 

fees  of,  power  to  prescribe,  32. 
GEESE,  power  to  restrain,  30. 

GENERAL  FUND,  how  raised,  87. 

expenses  chai-geable  to,  58,  84,  87. 

GOATS,  power  to  restrain,  30. 

GRADES,  power  to  establish  and  alter,  34. 

GROCERIES,  disorderly,  power  to  suppress,  29. 

GROCERS,  power  to  license  and  regtilate,  27. 

GROUNDS,  power  to  fill  up  and  drain,  34. 

GUNPOWDER,  storing  of,  power  to  regulate,  29,  30. 

keeping  and  conTeying  of,  power  to  regulate,  30. 


HACKMEN,  power  to  license  and  regulate,  28. 

UARBOR,  power  to  preserre  and  regulate,  27,  33,  34. 
power  to  widen  and  deepen,  27. 
,    what  to  include,  34. 
marine-insurance  rates  to  be  applied  to  improvement  of,  91. 
See  Miver. 

UARBOR  MASTER,  how  appointed,  12. 
term  of  office,  12. 
duties  of,  19. 

HAWKERS,  power  to  license  and  regulate,  28. 

II AY,  weighing  and  selling  of,  power  to  regulate,  32. 

HEALTH,  powers  for  the  preservation  of,  31, 35. 

life-insunince  rates  to  be  used  for  sanit;iry  purposes,  91. 
Board  of,  general  powers  and  duties,  121-123. 
physicians  to  report  infected  patients,  121, 122. 


196  INDEX. 

HOOPS,  rolling  of,  power  to  prevent,  30,  31. 

HORSE  RACING,  power  to  prevent,  30. 

HORSE  RAILWAYS,  power  to  regulate  the  running  of  cars,  33. 
power  to  regulate  the  laying  of  tracks,  33. 

HORSES,  power  to  restrain',  30. 

HOSPITALS,  power  to  establish,  35. 
superintendence  of,  58. 
keepers  and  assistants,  power  to  appoint,  8. 

HOUSE  OF  CORRECTION,  keeper  of,  how  appointed,  12,  33. 
power  to  establish,  33. 
who  may  be  confined  in,  33,  36, 125.  176. 
prisoners  may  be  kept  at  labor,  33. 
power  to  release  from,  126. 

power  to  purchase  grounds  and  erect  buildings  for,  51,  52. 
authority  to  issue  bonds  for,  51,  52. 

HOUSE  OF  REFUGE,  power  to  establish,  35. 

HOUSES  OF  ILL  FAME,  power  to  suppress,  29. 

HYDRANTS,  public,  power  to  regulate,  32. 
power  to  construct,  153. 

ICE,  cutting  and  sale  of,  power  to  regulate,  32. 
impure,  power  to  restrain  sale  of,  32. 


IMMODERATE  DRIVING,  power  to  restrain,  30. 

IMPOUNDING,  power  to  authorize,  30. 

IMPRISONMENT,  power  to  enforce  ordinances  by,  36. 

IMPROVEMENTS.    See  Public  Improvements. 

INDECENT  EXPOSURE,  power  to  prevent,  30. 

INFANTS,  guardians  of,  when  necessary,  how  appointed,  81,  82. 

INSPECTION,  of  fish,  19,  20,  21,  32. 

of  lumber,  32.  \ 

of  salt,  flour  and  other  provisions,  32. 
of  whisky  and  other  liquors,  32. 

INSPECTORS,  power  to  appoint,  7,  8,  32. 
fees  0^  power  to  prescribe,  32. 

INSPECTORS  OF  ELECTION,  how  appointed,  12. 
number  of,  7. 
duties,  powers  and  liabilities  of,  15. 

INSURANCE  RATES,  how  collected  and  appropriated,  89,  90,  91, 132,  133. 


INDEX.  197 


INTEREST  ou  funded  dobt,  to  be  raiwed  l)y  amiuul  tax,  01,  8S. 
to  be  paid  by  comptroller,  40,  157,  170. 
power  tu  provide  for,  by  teiii;)orar3'  loans,  O'J,  53,  103,  172. 


JAIL,  power  to  enforce  ordinances  by  imprisonment  in,  30. 
board  of  pri.soner.-),  when  city  not  liable  for,  170. 

JUDGMENTS  against  city,  power  to  provide  for,  by  temporary  loans.  50. 
JUNK  SHOPS,  power  to  tax,  license  and  regulate,  2«. 
JUKV  DUTY,  who  exempted  fronj,  IS,  120,  121,  132. 


KITES,  flying  of,  power  to  regulate,  30,  31. 


LAMP  POSTS,  power  to  erect,  67. 

mode  of  procedure,  67,  68,  80,  81. 

LAMPS,  lighting  of,  power  to  regulate,  32. 
superintendenc*  of,  59. 
power  to  levy  tax  for,  87. 

LAND  SURVEYORS,  power  to  license,  56,  57. 

LANES.    See  Streets. 

LARD,  steamini;  and  rendering  of,  power  to  license  and  regulate,  29. 

LAW  DEPARTMENT,  officers  of,  18. 

LEGAL  PROCEEDINGS,  comptroller  to  have  supervision  over,  40. 

I 

LICENSES,  power  to  issu'e,  28. 

not  to  be  granted  for  more  than  one  year,  28. 

fees  for,  28. 

LIEN,  against  vessels,  34. 

of  special  assessments,  83. 

of  taxes,  96. 

of  water  rents,  157, 15S. 

LIGHTS,  in  stables  and  out-houses,  power  to  regulate,  30. 
in  streets,  superintendence  of,  59. 
power  to  levy  taxes  for,  87. 

LIQUORS,  sale  of,  power  to  regulate,  27. 

inspection' of,  power  to  regulate,  32. 


198  INDEX. 


LOCOMOTIVE  ENGINES,  power  to  regulate  use  of  within  city,  32. 

LUMBER,  storing  of  witliin  fire  limits,  power  to  regulate,  31,  32. 
measuring  and  inspecting  of,  power  to  regulate,  32. 

LUMBER  YARDS,  power  to  prohibit  within  fire  limits.  31,  32. 


MARKETS,  power  to  establish  and  regulate,  29. 
superintendence  of,  -58. 

MAYOR,  election  of,  8,  9. 
term  of  office,  9. 

power  of  appointment  to  office,  12. 
power  to  fill  vacancies,  10, 13. 
vacancy  in  office  of,  how  filled,  13. 
general  duties  of,  16, 17. 
salary  of,  17. 

to  preside  over  common  council,  16,  25. 
a  member  of  boards  of  police  and  public  woi-ks,  17,  55,  107. 
power  to  administer  oaths,  17. 
veto,  power  of,  17. 

may  call  special  meetings  of  common  council,  25. 
to  countersign  all  warrants  on  the  treasurer,  41,  44,  64, 119, 137,  151. 
power  to  remove  defaulters,  42. 

may  remove  treasurer  and  collector  for  misconduct,  45,  47. 
power  to  release  prisoners  from  bridewell,  126. 

MEAL,  inspection  of,  power  to  regulate,  32. 

MEATS,  sale  of,  power  to  license  and  regulate,  29. 

MENDICANT  CHILDREN,  power  to  provide  for  safe  keeping  and  education  of,  35. 

MENDICANTS,  power  to  restrain  and  punish,  30. 

MICHIGAN  AVENUE,  power  to  widen  and  improve,  85. 

encroachments  on  public  grounds  east  of,  prohibited,  86. 

MILITARY  DUTY,  who  exempted  from,  120, 121,  132. 

MULES,  power  to  restrain,  30.  , 

MUNICIPAL  Y'EAR,  when  to  commence,  8. 

MUSICAL  ENTERTAINMENTS,  power  to  license  and  regulate,  28. 


NOISE  AND  DISTURBANCE,  power  to  prevent,  29,  31. 

NUISANCES,  power  to  define  and  abate,  31,  35. 
assessments  for  removal  of,  81. 
expense  of  removing  recoverable  by  suit,  81. 
board  of  health  may  abate,  121. 


INDEX.  199 


OATII,  officers  empowered  to  arlminister,  17, 18,  41,  58,  110,  120. 
of  votcrH,  15. 
of  city  officers,  16, 

of  coniniissioners  oi  public  workn,  64. 
of  police  commissioners,  107. 

required  of  all  clerks  in  treasury  department,  48. 
to  be  taken  by  all  police  officers,  120. 
accounts  of  treasury  officers  to  be  verified  by,  40. 

OFFICIAL  BONDS,  when  to  be  tiled,  l.J,  14,  22. 
may  be  re<iuired  of  all  city  officers,  22. 
by  whom  to  be  approved,  22,  107. 
city  officers  not  to  be  sureties  on,  14. 
may  be  rc'iuired  from  persons  licensed,  28. 
of  comptroller,  39. 
of  treasurer,  45. 
of  collector,  47. 

of  commissioners  of  public  works,  55. 
of  police  commissioners,  107. 
of  police  justices,  126. 
of  police-court  clerk,  126. 
of  superintendent  of  reform  school,  144, 145. 
of  land  surveyors,  56,  57. 
of  fish  inspector,  20,  21. 
of  constables,  21,  22. 
of  school  agent,  135. 
of  officers  of  police,  120. 

OFFICIAL  BOOKS  AND  PAPERS,  to  be  surrendered  by  retiring  officers,  23. 

OFFICERS,  of  city,  enumerated.  7,  8. 

to  be  elected  by  the  people,  8,  9,  10. 

to  be  appointed  by  the  mayor,  12. 

to  be  appointed  by  common  council,  11,  12. 

to  be  appointed  by  mayor  and  common  council.  12,  39. 

to  be  appointed  by  board  of  pnblic  works,  56. 

Tacancies,  how  filled,  10,  13. 

removal  of,  11,  12,  13,  39,  42,  45,  47. 

fjualifications  of,  10,  11, 12,  14,  109. 

bonds  of,  when  to  be  filed,  12. 

not  to  he  taken  as  sureties  by  city,  14. 

to  be  notified  of  election  or  appointment,  15. 

within  what  period  to  qualify,  15. 

to  be  sworn,  16. 

duties  of,  maybe  defined  by  common  council,  22. 

may  be  required  to  give  bonds.  22. 

to  transfer  official  books  and  papers  to  their  successors,  23. 

how  commissioned,  23. 

may  be  removeil  for  taking  illegal  fees,  23,  24. 

paid  by  salary,  to  pay  all  fees  into  city  treasury.  24. 

may  be  required  to  make  reports  to  common  council,  26. 

in  receipt  of  city  revenue,  may  bo  removed  if  delinquent,  42. 

O.MNIBUS  DKIVKRS,  p<nver  to  license  and  regulate,  28. 

ORDERS,  to  raise  or  appropriate  money,  how  to  be  passed  by  council,  26. 


200  INDEX. 


ORDINANCES,  to  be  approved  by  mayor,  17. 
to  take  effect  if  not  disapproved,  17. 
to  be  referred  by  common  council  to  committees,  26. 
to  raise  or  appropriate  money,  how  to  be  be  passed  by  council,  26. 
l^ower  of  common  council  to  pass,  amend  and  repeal,  36. 
observance  of,  how  enforced,  36. 

imposing  penalties,  to  be  published  before  going  into  effect,  174. 
continued  in  force  by  revised  charter,  175. 
when  to  be  received  as  evidence,  176. 


PACKING  HOUSES,  power  to  license  and  regulate,  29. 

PARKS,  superintendence  of,  58. 

power  to  purchase  and  lay  out,  66. 
power  to  improve,  67. 
expense,  how  paid,  84. 

PAWNBROKERS,  power  to  tax,  license  and  regulate,  28. 

PEDDLERS,  power  to  license  and  regulate,  28. 

PENALTIES,  power  to  impose,  36,  78,  79,  80, 161, 173. 
power  to  remit,  125. 
ordinances  imposing,  to  be  published  before  taking  effect,  174. 

PERMANENT  IMPROVEMENTS,  power  to  levy  taxes  for,  88. 
See  Puhlic  Imj)rovements. 

PERMITS,  for  moving  buildings,  59. 

for  depositing  building  materials  in  street,  59. 

for  raising  buildings  and  sidewalks,  59. 

for  constructing  vaults  under  sidewalks  and  streets,  59. 

for  erecting  frame  buildings  within  fire  limits,  60. 

fees  for,  60. 

PEST  HOUSE,  power  to  establish,  35. 

PETITIONS  to  common  council,  to  be  referred  to  committees,  26. 

PHYSICIANS,  to  report  cases  of  infectious  disease,  121, 122. 
penalty  for  neglect,  122. 

PLATS  of  subdivisions,  to  be  approved  by  board  of  public  works,  57,  68. 

POLICE. 

Board  of,  106-123. 
of  whom  composed,  10, 17,  106, 107. 
election  of  commissioners,  10,  177. 
their  term  of  ofBce,  10. 
qualifications  of  commissioners,  10. 
vacancies,  how  filled,  10. 
removal  of  commissioners,  11. 
oath  and  bond  of  commissioners,  107. 
commissioners'  salary,  109. 
to  appoint  president  and  secretary,  107. 


INDEX.  "  201 


POLICE.    (Continued.) 


secretary's  salary,  107. 

general  powers  and  duties,  107, 108. 

power  to  coiiKtriict  telegraph,  107. 

power  to  establish  rules  and  regulations,  lOS,  100. 

power  to  suspend  members  of  police  force,  109. 

power  to  establish  precincts  and  stations,  113, 114,  117. 

power  to  appoint  special  patrolmen,  114. 

to  keep  general  complaint  books,  116. 

to  keep  books  for  registry  of  lost  and  stolen  property,  116. 

to  keep  a  record  of  police  force,  116. 

to  keep  books  of  account,  116. 

to  keep  a  record  of  proceedings,  116. 

Jo  provide  accommodations  for  detention  of  witnesses,  117. 

to  furnish  annual  estimate  of  police  expenses,  118. 

power  to  incur  expense,  limited,  119. 

books  and  accounts  of,  subject  to  inspection,  119. 

to  furnish  information  to  common  council,  if  required,  119. 

to  cause  ordinances  to  be  enforced,  119. 

power  to  subpoena  witnesses,  110, 119, 120. 

power  to  administer  oaths,  110, 120. 

to  require  security  from  oflBcers  of  police,  120. 

to  require  members  of  police  force  to  take  oath  of  oflBce,  120. 

to  make  annual  reports,  120. 

to  act  as  a  board  of  health,  121. 

power  to  abate  nuisances,  121.  ^ 

other  sanitary  powers,  121-123. 
Police  Force,  organization  of,  108. 

appointments  to,  how  made,  107,  108, 109. 

who  ineligible,  109. 

removals  to  be  made  only  for  cause,  109. 

charges,  how  to  bo  made  and  tried,  110,  111. 

members  removed,  not  to  be  re-appointed,  115. 

members  to  receive  no  fees  or  presents,  109,  110. 

pay  of  officers  and  members,  109. 

appointment  of  superintendent  and  other  officers,  109. 

members  not  to  become  or  furnish  bail  for  persons  arrested,  118. 

members  not  to  resign  without  giving  jjrevious  notice,  11.5. 

not  to  conduct  prosecutions  in  police  court,  127,  128. 

powers  of  policemen,  112, 123. 

may  serve  civil  process  issued  by  police  coiirt,  112. 

superintendent  to  act  as  chief,  114. 

superintendent  to  make  reports  quarterly,  120. 

exempted  from  military  and  jury  duty,  and  arrest  on  civil  proces.s,  120, 121. 

arrests  made  by,  to  be  reported,  117. 
•   persons  arrested  may  give  bail,  117, 118. 

detention  and  examination  of  arrested  persons,  117. 

provisions  respecting  seizure  and  custody  of  stolen  property,  115, 116. 

police  life  and  health  insurance  fund,  111,  112. 

penalty  for  refusing  to  arrest  criminals,  121. 

penalty  for  assaulting  policemen  when  on  duty,  121. 

penalty  for  fraudulently  pretending  to  be  a  policeman,  121. 
Police  Expetiscs,  made  a  city  charge,  118. 

power  to  levy  taxes  for,  87, 118. 

warrants  on  police  fund,  how  drawn,  119. 

power  to  appoint  police  officers  for  county  and  town  authorities,  118. 


202  INDEX. 


POLICE  COURT,  124-129. 

justices  of,  how  designated,  124, 178. 

jurisdiction  of,  124. 

sessions  to  be  held  daily,  124. 

powers  and  duties  of  justices,  124, 125. 

execution,  when  and  how  issued,  125. 

appeals  and  change  of  venue,  125. 

actions  in,  by  city,  how  brought,  125. 

sessions  of,  where  to  be  held,  117, 129. 

penalties  imposed  by,  power  to  remit,  125. 

clerk  of,  provisions  concerning,  126. 

power  to  appoint  clerk  pro  tern,  126, 127. 

witness  fees,  when  to  be  taxed,  127. 

witness  fees  to  be  paid  into  city  treasury,  127. 

witnesses  for  city,  how  paid,  127. 

poMce  officei-s  not  to  conduct  prosecutions,  128. 

power  to  appoint  prosecuting  attorney,  129. 

POLICE  COURT  CLERK,  election  of,  8, 126. 
term  of  office,  8,  9, 126. 
bond  of,  126. 
salary  of,  126. 

powers  and  duties  of,  126, 127, 128. 
may  be  removed  for  neglect  of  duty,  128. 
power  to  appoint,  pro  tern.,  by  police  court,  126. 

POLICE  FUND,  how  raised  and  disbursed,  87, 118,  119. 

POLICE  JUSTICES,  how  designated,  124, 178. 
term  of  office,  124. 
vacancies,  how  filled,  124. 
powers  and  duties  of,  124, 125, 128. 
salary  of^  126. 
to  relinquish  fees  to  city,  126. 

POLLS,  at  elections,  when  to  be  opened  and  closed,  15. 

POLL  TAX,  abolished,  89. 

PORK,  inspection  of,  power  to  regulate,  32. 

PORTERS,  power  to  license  and  regulate,  28. 

POUNDS,  power  to  establish,  32. 

PRIVIES,  power  to  cleanse  and  remove,  29. 
power  to  regulate,  34,  35, 168. 

PROSTITUTES,  power  to  restrain  and  punish,  30. 
PROVISIONS,  inspection  of,  power  to  regulate,  32. 

PUBLIC  BUILDINGS,  power  to  erect,  29. 
superintendehce  of,  58,  69. 
repairs  on,  how  paid,  84. 

PUBLIC  GROUNDS,  encumbering  of,  power  to  prevent,  30. 
superintendence  of,  58. 
power  to  purchase  and  lay  out,  66. 
power  to  improve,  67. 
expense  of,  how  paid,  84. 
penalty  for  willful  injury  to,  84,  85. 
east  of  Michigan  Avenue,  special  provision  concerning,  86. 


INDEX. 


PUBLIC  IMPROVEMENTS,  66-SG. 

oxpeiulituies  fur,  fruiu  guueral  fuiiil,  liiuitod,  50. 

l)ower  to  burrow  mouey  for,  in  caHe  of  ucci Jeuts,  50. 

MUperiiiteuiJenco  of,  59. 

to  bu  let  by  contract,  60,  01. 

contracts  for,  when  payable  by  special  assessment,  62. 

l)uwer  to  coinpleti)  without  contract  in  certain  ca-ses,  62. 

power  to  make,  and  iinsess  expenses  therofor,  GO,  67,  68. 

applications  for,  to  be  made  or  referred  to  board  of  public  works,  67^ 

when  vote  of  common  council  must  bo  by  ayes  and  noes,  68. 

when  three-fourths'  vote  required,  68. 

proceedings  for  condemnation  of  real  estate  69-70. 

construction  and  repair  of  sidewalks  and  drains,  78-80. 

expense  of  river  improvements  may  be  defrayed  by  tax,  83,  84. 

when  payable  from  general  fund,  84. 

PUBLIC  SQUARES,  power  to  lay  out,  60, 
power  to  improve,  67. 
expense  of,  how  paid,  84. 
penalty  for  willful  injury  to,  84,  85. 

PUBLIC  WORKS. 

Board  of,  of  whom  composed,  10,  55. 
election  of  commissioners,  10, 177 . 
their  term  of  office,  10. 
qualifications  of  commissions,  10. 
vacancies,  how  filled,  10. 
removal  of  commissioners,  11,  6.3. 
commissioners'  salary,  55. 
bond  of  commissioners,  55. 
oath  of  commissioners,  64. 
to  appoint  president  and  treasurer,  56. 
to  appoint  a  secretary,  56. 
to  appoint  a  city  engineer,  56. 
power  to  license  land  surveyors,  56,  57. 
to  approve  plats  of  subdivisions,  57,  58. 
power  to  employ  assistants,  58. 
office  expenses,  how  paid,  58. 
quorum  of,  58. 

to  keep  record  of  proceedings,  58. 
to  preserve  copies  of  plans  and  contracts,  58. 
to  make  annual  reports,  58, 162, 172. 
power  to  administer  oaths,  58. 
general  powers  and  duties  of,  37,  58,  59,  60. 
to  make  special  assessments,  60. 
contracts  by,  how  to  be  made,  60-62. 

may  grant  estimates  to  contractors,  as  work  progresses,  61,  62. 
power  to  employ  workmen  to  complete  improvements,  62. 
purchase  of  materials,  how  made,  62. 

advertisement  for  bids  dispensed  with  in  certain  cases,  62.  63. 
not  to  be  interested  in  contracts,  63. 

to  have  exclusive  charge  of  water  and  sewerage  works,  63, 152, 164. 
to  pay  over  weekly  all  public  moneys  to  treasurer,  63. 
to  carry  out  contracts  of  water  and  sewerage  commissioners,  63,  64. 
to  furnish  annual  estimates  of  sums  required  for  repairs  and  improvements,  64. 
president  to  certify  to  all  bills  contracted,  64. 


203 


204  INDEX. 


PUBLIC  WORKS.    (Cb7itimied.) 

president  to  countersign  all  treasury  warrants  for  public  work,  64. 
not  to  profit  from  deposit  of  public  funds,  65. 
not  to  use  public  moneys,  65. 

provisions  concerning  custody  of  public  moneys,  65. 
embezzlement  by,  defined  and  punished,  65. 
liable  on  official  bonds  for  loss  of  public  moneys,  65. 
to  keep  accounts  of  receipts  and  expenditures,  65. 
accounts  of,  subject  to  inspection,  65. 

to  receive  and  report  on  all  applications  for  public  improvements,  67,  6! 
power  to  recommend  improvements,  68. 
assessments  by,  for  condemnation  of  real  estate,  69-76- 
to  record  condemnation  proceedings,  76. 
to  pay  over  damages  for  land  condemned,  74,  75. 
to  publish  notice  of  readiness  to  pay,  75. 
assessments  by,  for  di-edging  river,  76. 
assessments  by,  for  improving  streets,  76,  78. 
assessments  by,  for  sidewalks  and  drains,  78-79. 
assessments  by,  for  lamp  posts,  80. 
assessments  by,  for  removal  of  nuisances,  81 . 

to  make  new  assessment,  when  first  annulled  or  insuflScient,  73,  78,  82. 
not  to  serve  as  assessment  commissioners  when  interested,  83. 
duties  of,  in  relation  to  water  wox'ks,  152-163. 
duties  of,  in  relation  to  sewerage  works,  164-173. 

PUBLICATION  OF  ORDINANCES,  when  and  how  to  be  made,  174,  176. 
in  German  language,  23. 

PUMPS,  public,  power  to  regulate,  32. 


QUALIFICATIONS,  of  city  officers,  14. 
of  voters,  15. 
of  assessors,  12. 
of  police  commissioners,  10, 11. 
of  commissioners  of  public  works,  10, 11. 
of  aldermen,  9. 
of  police  oificers,  109. 

QUARANTINE,  power  to  make  laws  of,  31. 
power  to  remove  vessels  to,  122, 123. 

QUORUM,  of  common  council,  25. 

of  board  of  public  works,  58. 
of  board  of  police,  107. 
of  board  of  guardians,  143. 


RAILROADS,  location  of  tracks,  power  to  dii-ect,  32. 

power  to  require  building  of  bridges  at  crossings,  33. 

power  to  regulate  running  of  horse-railway  cars,  33. 

power  to  regulate  laying  of  horse-railway  tracks,  33. 

to  derive  no  additional  rights  from  revised  charter,  179. 

provision  concerning  use  of  tracks  in  streets  by  difi"erent  companies,  179, 180. 


INDEX.  205 


RECEirTS  AND  EXPENDITURES,  aumuil  sl;itcimat  of,  to  b<-  publisLica,  i^. 
annual  estimate  of,  to  bo  furui.shod  by  comptroller,  42,  -k'-i. 
monthly  statements  of,  to  bo  published,  43. 
treasurer  to  make  roporf  of,  annually,  -15. 
accounts  of,  to  bo  kept  by  board  of  public  works,  65. 
See  Expenditures. 

RECONSIDERATION,  at  special  meetings  of  common  council,  power  liinitid,  3). 

0 

RECORDER,  compensation  of,  24. 

power  to  sentence  criminals  to  city  bridewell,  170. 

REDEMPTION  from  tax  and  assessment  sales,  lOl,  102, 105. 

JtEFORM  SCHOOL,  143-151. 

objects'  of,  143, 148,  149. 

power  to  purchase  lands  and  erect  buildings,  143. 
government  of,  in  whom  vested,  143. 
superintendent  of,  how  appointed,  144. 
duties  of  superintendent,  144, 145. 
bond  of  superintendent,  144, 145. 
power  to  remove  superintendent,  145 . 
commissioner  of,  how  appointed,  145. 
powers  and  duties  of  commissioner,  145-14S. 
compensation  of  commissioner,  146. 

commitments  to,  by  justices  and  police  magistrates,  146-14S. 
commitments  by  courts  of  record,  148. 
period  of  detention,  149. 
power  to  discharge  from,  149. 
power  to  bind  out  inmates,  149, 150. 
for  girls,  power  to  establish,  150. 
power  to  levy  taxes  for,  87,  151. 
funds,  how  disbursed,  151. 
Board  of  Guardians,  how  constituted,  11,  143. 
appointment  of  guardians,  11, 178. 
term  of  ofiBce,  11. 
to  receive  no  compensation,  24. 
not  to  bo  interested  in  contracts,  24. 
oflScers  of  board,  143. 
duties  of,  144. 

to  make  annual  reports,  144. 
to  furnish  annual  estimate  of  expenses,  151. 

REGISTRATION  of  births  and  deaths,  power  to  regiUate,  31. 

REGRATING,  power  to  prevent  and  punish,  27. 

RELIGIOUS  WORSHIP,  disturbance  of,  power  to  punish,  36. 

REMOVAL  FROM  OFFICE,  12, 13,  23,  24. 

of  commissioners  of  police  and  public  works,  11,  63. 

of  officers  of  treasury  department,  39,  42,  45,  47. 

of  police-court  clerk,  12S,  129. 

of  police  oflaccrs,  109-111. 

RENDERING  ESTABLISHMENTS,  power  to  prohibit,  license  and  regulate,  20. 

REPORTS,  of  committees  in  common  council,  when  to  be  laid  over  and  published,  26. 
may  be  required  by  common  council  from  city  officers,  26. 


206  INDEX. 


REPORTS.    (Contmiied.) 

of  receipts  and  expenditures,  to  be  made  monthly  by  comptroller,  43. 
collector  to  make,  weekly,  46. 

to  be  made  weekly  by  board  of  public  -works  to  treasurer,  6G. 
See  Annval  Reports, 

RESERVOIRS,  public,  power  to  regulate,  32. 

power  to  construct,  153. 

» 

RESOLUTIONS,  to  raise  or  appropriate  money,  how  passed,  26. 

RIOT,  power  to  prevent,  29. 

RIVER,  power  to  remove  obstructions  in,  27. 
l^ower  to  widen  and  deepen,  27^67. 
extent  of  city's  jurisdiction,  29. 

improvements,  under  superintendence  of  board  of  public  works,  59. 
proceedings  for  widening,  67-76. 
proceedings  for  deepening,  67,  68,  76. 

expense  of  improving,  may  be  defrayed  by  general  tax,  83,  84, 88. 
See  Harbor. 

RUNNERS,  power  to  license  and  regulate,  31. 


SALARIES,  of  mayor,  17. 

of  commissioners  of  public  works,  55. 

of  police  oflBcers,  109, 110. 

of  other  officers,  to  be  established  by  common  council,  23 

when  payable,  24. 

SALES,  for  taxes  and  assessments,  how  conducted,  100, 101. 
when  to  be  made,  104. 
certificates  of,  assignable,  102. 
redemption  from,  101, 102, 105. 
record  of,  to  be  kept  by  comptroller,  101. 
erroneous,  to  be  cancelled,  102. 

SALT,  inspection  of,  power  to  regulate,  32. 

SCHOOL  AGENT,  how  appointed,  12. 
term  of  oflBce,  12. 
to  give  bond,  22, 135. 
powers  of,  135. 
compensation  of,  135, 136. 
to  rei3ort  quarterly  to  common  council,  139. 

SCHOOL  DISTRICTS,  power  to  create,  135. 

of  South  Chicago,  abolished,  137, 178. 

SCHOOL  FUND,  management  of,  134, 135. 
principal  not  to  be  impaired,  135. 
interest  to  be  used  only  to  jiay  teachers,  135. 
to  be  kept  loaned,  136. 
mode  of  investment,  130. 
when  new  secui'lties  may  bo  required  137. 


INDEX.  207 

SCHOOL  FUND.    {Continued.) 

debts  duo  to,  from  deceased  persons  to  bo  paid  first,  136. 

loans  overdue  to  bear  15  per  cent,  interest,  130. 

judgments  to  boar  12  per  cent,  interest,  1.30. 

power  to  i)nrcliase  land  for  school  fund  <^in  execution  sales,  1.30,  137. 

judicial  costs  not  to  be  cliar<;ed  to,  137. 

SCHOOL  LANDS,  improvements  on,  snlyCct  to  taxation,'S9. 
management  of,  134,  135. 

SCHOOLS,  134-142. 

power  to  establish  and  support,  13r). 
power  to  croat(^  districts,  l.'.r>. 
to  bo  established  in  each  dislriit,  1.".7. 
who  may  attend,  1.37. 
for  negroes  and  niulattoes,  137,  138. 
disturbance  of,  power  to  punish,  35,  30. 
power  to  levy  taxes  for,  87. 

teachers  not  to  bo  interested  in  purchases,  or  work  dom-  for,  '21. 
management  of  school  lands  and  fund,  134-137. 
school-tax  fund,  137. 
Board  of  Education,  how  coustitutcil,  11. 
members  to  receive  no  compensation,  24. 
not  to  bo  interested  in  sale  of  school  books,  142. 

employees  not  to  be  interested  in  purchases,  or  work  doni-  for  schools,  24. 
powers  and  duties  of,  138, 130, 140. 
teachers  to  report  to,  monthly,  130. 
officers  of,  139. 

to  keep  a  record  of  proceedings,  130,  140. 
powers  to  bo  exercised  only  at  formal  meetings,  140. 
proceedings  to  bo  published,  140. 
to  make  annual  reports,  140. 
power  to  appoint  superintendent,  140, 141. 
duties  of  superintendent,  141, 142. 

SCHOOL-TAX  FUND,  how  raised,  87. 
how  used  and  disbursed,  137. 
bills  chargeable  to,  139. 

SEALERS  OP  WEIGHTS  AND  MEASURES,  power  to  appoint,  7,  33. 

SECOND-HAND  GOODS,  dealers  in,  power  to  tax,  license  and  regulate,  28. 

SEWERAGE  FUND,  office  expenses  chargeable  to,  58.  '  , 

to  be  raised  by  annual  tax,  87,  88, 171. 
to  bo  used  only  ft>r  sewerage  purpascs,  109, 172,  173. 
power  to  iuvest  surplus,  170. 

SEWERAGE  WORKS,  164-173. 

superintendence  of,  63, 104. 

contracts  for,  to  specify  they  are  for  said  works,  04. 

moneys  received  for  permits,  to  be  paid  over  weekly  to  treasurer.  03. 

contracts  for,  to  bo  paid  from  sewerage  fund,  (A. 

contracts  made  by  sewerage  commissioners  to  bo  performed  by  board  of  public  work-,  00,  04. 

power  to  levy  taxes  for,  87,  88, 171. 

power  to  make  surveys,  165. 

power  to  purchase  books  and  charts,  105. 

power  to  lay  sewers,  165. 


208  ind'ex. 


SEWERAGE  WORKS.    (Continued.) 
power  to  construct  canals,  165. 
power  to  purchase  real  estate,  165. 

power  to  enter  upon  lands  and  agree  on  compensation,  100. 
power  to  condemn  lands  for,  166. 
power  to  change  grade  of  streets,  166,  167. 
connections  with  private  drains,  167. 
jjower  to  construct  private  drains,  167, 168. 

power  to  regulate  construction  and  draining  of  privies  and  cess-pools,  108. 
power  to  issue  bonds,  168, 169, 170. 
provisions  concerning  issue  and  sale  of  bonds,  169, 170. 
principal  and  interest  to  be  paid  by  comptroller,  170. 
power  to  purchase  outstanding  bonds,  170. 

board  of  public  works  to  rei^ort  annually  amount  required  for  sewerage  purposes,  171. 
treasurer  to  report  monthly  to  board  of  public  works  amount  of  sewerage  tax  collected,  171. 
facts  to  be  stated  in  annual  report,  172. 
power  to  bori'ow  money  to  pay  interest  on  sewerage  bonds,  172. 

sewerage  accounts  to  be  kept  separately,  172. 

penalty  for  willful  injury  to  sewers,  173. 

power  to  make  ri;les  and  regulations  concerning  sewei's,  173. 

.sinking  fund  provisions,  171, 173.  ' 

SHEEP,  power  to  restrain,  30. 

SHOWS,  power  to  license  and  regulate,  28. 

SIDEWALKS,  encumbering  of,  power  to  prevent,  30. 

power  to  compel  removal  of  snow  and  ice  from,  31. 

power  to  control  and  regulate,  34. 

superintendence  of,  58. 

permits  for  raising,  59. 

construction  of  vaults  under,  bow  regulated,  59. 

power  to  construct  and  repair,  67. 

mode  of  procedure,  67,  68,  78,  79. 

owners  of  adjacent  property  responsible  for  safe  condition  of,  80. 

penalty  for  willful  injury  to,  84,  85. 

SINKING  FUND,  for  general  bonded  debt,  88. 
for  sewerage  debt,  171, 172. 

SINKS,  power  to  regulate,  34,  35. 

6LAUGHTER  HOUSES,  power  to  direct  location  of,  29. 
power  to  pi'ohibit,  license  and  regulate,  29. 

SLIPS,  power  to  fill  up  and  regulate,  34. 
poAver  to  construct,  66. 
expense  of,  how  paid,  84. 

SNOW  AND  ICE,  on  sidewalks,  power  to  compel  removal  of,  31. 

SOAP  FACTORIES,  power  to  abate,  29. 

SPIRITUOUS  LIQUORS,  sale  of,  power  to  regulate  and  license,  27. 

STABLES,  power  to  regulate,  27. 

lights  in,  power  to  regulate,  30. 

STEAMING  LARD  AND  TALLOW,  power  to  prohibit,  license  and  regulate,  29. 


INDEX. 


STREET  TAX,  abolished,  89. 

STREETS,  encumbering,  power  to  prevent,  30,  34. 
obstructions  in,  power  to  remove,  31. 
power  to  control  and  regulate,  31,  34. 
to  establish  and  alter  grades  of,  34. 
superintendence  of,  58. 
use  of,  I)y  whom  regulated,  59. 
removal  of  buiklings  through,  59. 
construction  of  vaults  under,  59. 
use  of,  for  building  materials,  59. 
laying  of  gas  and  water  pipes  in,  59. 
power  to  lay  out  and  widen,  34,  C6. 
power  to  improve,  C7. 
proceedings  to  open  and  widen,  67-7G. 
proceedings  to  improve,  07,  08,  70-78. 
cleaning  of,  expense,  how  paid,  84. 
ordinary  repairs,  expense,  how  paid,  84. 
improvements  at  intersections  of,  how  paid  for,  84. 
penalty  for  willful  injury  to,  84,  85. 

SUITS,  by  city,  to  recover  penalties,  how  brought,  125. 

SUPERINTENDENT  OF  PUBLIC  SCHOOLS,  how  appointed,  140,  141. 
salary  of,  141. 
duties  of,  141, 142. 

SUPERVISORS,  election  of,  178. 

SURETY,  city  officers  not  to  be,  on  obligations  made  to  citj-,  14. 

SURVEYORS  OF  LAND,  power  to  license,  50. 
oath  of,  50. 
bond  of,  50,  57. 
license  to  bo  recorded,  57. 
powers  of,  57. 
revocation  of  license,  58. 

SWINE,  power  to  restrain,  30. 


TALLOW,  steaming  and  rendering  of;  power  to  prohibit,  license  and  regulate,  29. 

TALLOW-CIIANDLIJR  SHOPS,  power  to  abate,  29. 

TANNERIES,  power  to  abate,  29. 

power  to  license  and  regulate,  29. 

TAVERNS,  power  to  license  and  regulate,  27. 

TAXATION,  powers  of,  50,  51,  84,  87-91. 

of  foreign  insurance  companies,  89-91. 
property  subject  to,  how  appraised,  92,  93. 
tax  lists  when  and  how  made,  93,  94. 

TAXES,  power  to  levy,  87,  85. 

improvementa  on  school  and  canal  lands  and  wharGng  privileges  §ubject  to,  89. 
collection  of,  92-105. 


209 


210 


INDEX. 


TAXES.    (Continued.) 

■when  and  how  levied,  94. 
w^irrants  for,  when  and  how  issued,  94. 
lien  of,  on  personal  property,  96. 
lien  of,  on  real  estate,  96. 
damages  for  non-payment,  96,  97. 
application  for  judgment  for,  97. 
proceedings  thereon,  98,  99. 
form  of  judgment,  99. 
process  of  sale,  99. 
power  to  sell  real  estate  for,  99, 100. 
notice  of  sale,  100. 

abbreyiations  may  be  used  in  describing  real  estate,  100. 
sales  for,  when  to  be  made,  104. 
sale  for,  how  conducted,  100, 101. 
certificates  of  purchase,  100, 102. 
redemption  fi'om  sales,  101, 102, 105. 
deeds  for,  when  and  how  issued,  102, 105. 
effect  of  tax  deeds  in  evidence,  102-104. 
formal  defects  in  proceedings  not  to  invalidate  levy,  98,  105, 
penalty  for  selling  land  on  which  taxes  havo  been  paid,  47. 
See  Taxation. 

TEAMS,  power  to  compel  owners  to  fasten,  30. 

THEATRES,  power  to  license  and  regulate,  28. 

TOWN  OFFICES,  several  abolished  in  North,  South  and  West  Chicago,  178. 

TREASURER,  election  of,  8. 

term  of  ofl5ce,  8, 9.  .         « 

bond  of,  45. 

duties  of,  43,  44. 

accounts  of,  subject  to  inspection,  44. 

warrants  on,  how  drawn,  41,  44,  64, 119, 137, 151, 

to  keep  separate  accounts  with  each  fund  and  appropriation,  44. 

duties  of,  in  relation  to  custody  of  city  funds,  44,  48. 

not  to  use  city  moneys,  45. 

may  be  removed  for  misconduct,  45. 

to  make  annual  reports,  45. 

to  keep  a  register  of  all  warrants  paid,  46. 

to  hold  special  assessment  moneys  as  special  funds,  45. 

power  to  appoint  clerks,  48. 

embezzlement  by,  how  punished,  48,  49. 

to  hold  moneys  received  for  water  works  as  a  special  fund,  163. 

to  report  monthly  to  board  of  public  works  amount  of  sewerage  tax  collected,  171. 

to  hold  sewerage  moneys  as  a  special  fund,  172, 173. 

TREASURY  DEPARTMENT,  38-54.  ■* 

oflSces  of,' 38,  39. 
clei-ks  in,  how  appointed,  48. 
ofiBcers  of,  prohibited  from  using  city  funds,  48. 

all  reports  and  accounts  made  by  officers  of,  to  be  verified  by  oatli,  49. 
controversies  between  officers  of,  in  adjustment  of  accounts,  how  determined,  48. 

TREES,  in  streets  and  public  grounds,  powers  concerning,  34. 


INDEX.  211 


UNWHOLESOME  BUSINESS,  power  to  restrain,  2y. 

UNAVIIOLESOME  HOUSES  AND  PLACES,  power  to  cleanKC  and  abate,  29. 

U  NWHOLESOME  SUBSTANCES,  power  to  remove  and  destroy,  G5. 


VACANCIES,  to  bo  filled  for  unexpired  term  only,  12. 
iu  office  of  mayor,  how  filled,  13. 
in  office  of  alderman,  how  filled,  9. 
in  boai-ds  of  police  and  public  worky,  how  filled,  10. 
in  other  offices,  how  filled,  13. 

VAGIIANTS,  power  to  restrain,  30, 
power  to  imprison,  35, 
who  shall  be  deemed,  35,  36. 

VAULTS,  under  streets  and  sidewalks,  power  to  regulate,  59. 

VEGETABLES,  sale  of,  power  to  restrain,  license  und  regulate,  29. 

VETO,  when  mayor  may  exercise,  30. 

VOTERS,  qualifications  of,  15. 

oath  required  from,  when  challenged,  15. 

exempted  from  arrest  on  civil  process  on  election  day,  16. 

penalty  for  illegal  voting,  16. 

penalty  for  assaulting  voters  at  the  polls,  121. 

VOTING,  how  conducted,  14. 
illegal,  punishable,  16. 


WARDS,  boundaries  of,  defined,  4-6. 

to  be  divided  into  election  tlistricts,  S. 
how  rejtrcsented  iu  common  council,  9. 

WARRANTS,  on  treasurer,  how  ihawn,  41,  44,  64, 119, 137,  151. 
to  bo  cancelled  when  paid,  44. 
register  of,  to  be  kept  by  trea.surei-,  45. 
to  be  examined  annually  by  finance  committee,  45. 
for  taxes  and  assessments,  how  issued,  94,  95. 
for  taxes  and  assessments,  how  collected,  95-105. 
for  water  rents,  15S-161. 

WATER,  waste  of,  power  to  prevent,  82. 

WATERJFUND,  office  expenses  chaigeablo  to,  58. 
to  be  used  only  for  water  works,  156,  163. 
power  to  invest  surplus,  162. 

WATER  RENTS,  how  assessed  and  collected,  157-161. 

WATER  WORKS,  152-163. 

superintendence  of,  63, 152. 

contracts  for,  to  specify  they  are  for  stiid  works,  64. 

moneys  received  for,  to  bo  paid  over  to  treasiu-er  weekly,  63. 

contracts  for,  to  bo  paid  from  water  fund,  61. 

contracts  made  by  water  commissioners,  to  be  performed  by  board  of  public  works,  63,  64. 

power  to  construct  reservoirs  and  lay  pipes,  153. 

public  hyth-anta  to  bo  provided,  153. 

power  to  purchase  real  estate,  153. 


112  INDEX. 


WATER  WORKS.    {Continued.) 

power  to  construct  buildings  and  macliinery,  153. 

power  to  purchase  books  and  charts,  153. 

power  to  make  surveys,  153. 

power  to  enter  upon  lands  and  agree  on  comi^ensation,  153, 154. 

power  to  condemn  lands,  154. 

power  to  construct  aqueducts  and  pumping  works,  154. 

power  to  extend  inlet  pipes  into  the  lake  and  erect  piers,  155, 

power  to  issue  bonds,  155, 156, 157. 

provisions  concerning  issue  and  sale  of  bonds,  156, 157. 

principal  and  interest  to  be  paid  by  comptroller,  157. 

power  to  purchase  outstanding  bonds,  157, 162. 

water  rents,  how  assessed  and  collected,  157-161. 

lien  of  assessments,  157, 158. 

record  of  assessments  to  be  kept,  158. 

power  to  maks  rules  and  regulations  concerning  use  of  water,  161. 

facts  to  be  stated  iu  annual  report,  162. 

board  of  public  works  to  report  amount  rcquii-ed  to  be  raised  by  tax,  162. 

power  to  levy  taxes  for,  88, 162. 

power  to  borrow  money  to  pay  interest  on  water-loan  bonds,  163. 

accounts  for  said  works  to  be  kept  separately,  163. 

moneys  received  for,  to  be  used  for  no  other  i^m-pose,  163. 

penalty  for  willful  injury  to  property  of,  163. 

WEIGHERS,  power  to  appoint,  7,  32. 
fees  of,  power  to  prescribe,  32. 

WEIGHTS  AND  MEASURES,  power  to  require  scaling  of,  33. 

WELLS,  public,  power  to  regulate,  32. 

WHARFINa  PRIVILEGES,  ends  of  streets  may  be  leased  as,  27. 
improvements  on,  subject  to  taxation,  89. 
certain  acts  concerning,  continued  in  force,  176, 177.  ' 

WITNESSES,  citizens  declared  competent,  in  city  actions,  175. 
fees  of,  in  police  coiirt,  127. 

WHARVES,  encumbering  of,  power  to  prevent,  30. 
superintendence  of,  58. 
power  to  make,  at  ends  of  streets,  66. 
expense  of  making  and  repaii-ing,  how  paid,  84. 

WHISKY,  inspection  of,  power  to  regulate,  32. 

WOOD,  storing  of,  within  fire  limits,  power  to  regulate,  31,  32. 
measuring  of,  power  to  regulate,  32. 
sale  of,  power  to  regulate,  32. 

WOODEN  BUILDINGS,  power  to  prohibit  within  fire  limits,  130. 
permits  for,  within  fire  limits,  GO. 


YARDS,  power  to  regulate  and  fill  up,  34. 

YEAS  AND  NAYS,  to  be  taken  on  all  orders  to  raise,  borrow  or  appropriate  money,  26. 
when  required  on  orders  for  public  improvements,  68. 


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